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Plan Commission Meeting Minutes 2012

Meeting Minutes

01-04-2012 Plan Commission

January 4, 2012 Plan Commission Meeting Minutes

Greg Volk Tom Ryan Attorney Tim Kuiper
Mike Forbes Steve Kozel Pete Faberbock
Tom Redar   Steve Kil
Mike Ryan    

CALL TO ORDER:

Mr. Greg Volk called the regular meeting of January 4, 2012, to order at 7:05 p.m.

PLEDGE OF ALLEGIANCE:

(Mr. Kil led in the recitation of the Pledge of Allegiance.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Mike Forbes, Tom Redar, Steve Kozel and Tom Ryan Staff members present: Pete Faberbock and Steve Kil. The Board’s attorney was not present.

ELECTION OF OFFICERS:

Mr. Volk stated that he would entertain a nomination for President of the Plan Commission for the year of 2012. Mr. Forbes made a motion to nominate Mr. Volk for the Position of President for 2012; Mr. Tom Ryan seconded the motion. There were no other nominations. The motion was unanimously carried by voice vote (6/0).

Mr. Forbes nominated Tom Redar as Secretary of the Plan Commission for the year of 2012; Mr. Mike Ryan seconded the motion. There were no other nominations. The motion was unanimously carried by voice vote (6/0).

Mr. Forbes nominated Mr. Tom Ryan for the position of Vice-President for the year of 2012; Mr. Mike Ryan seconded the motion. There were no other nominations. The motion was unanimously carried by voice vote (6/0).

NEW BUSINESS:

There was no New Business.

APPROVAL OF MINUTES: NOVEMBER 2, 2011 & NOVEMBER 16, 2011

Mr. Volk stated he would entertain a motion for the approval of the minutes of November 2, 2011, and November 16, 2011, with any additions, deletions or corrections. Mr. Kozel made a motion to approve the minutes of November 2, 2011, and November 16, 2011, as circulated; Mr. Forbes seconded the motion. The motion was unanimously carried by voice vote (6/0).

OLD BUSINESS:

A. BISAGA WOODS – TWO LOT SUBDIVISION – PRIMARY PLAT APPROVAL – RICH BISAGA
Mr. & Mrs. Rich Bisaga, Petitioners, appeared before the Board seeking primary plat approval for Bisaga Woods, a two lot subdivision. Mr. Volk asked Mr. Faberbock for an update. Mr. Faberbock stated that at the last meeting the Board was reviewing the subdivision as proposed. Mr. Faberbock stated that all of the engineering he requested had been submitted with the exception of the soil borings, the erosion control permit and the Army Corps permit as reflected in the revised letter from Robinson Engineering he submitted to the Board. Mr. Faberbock stated that the Army Corps permit can be applied for before any construction commences.

(Mr. Bisaga submitted the soil borings to the Board.)

Mr. Faberbock stated that he would review the soil borings results, and any concerns he had he would address with the engineer. Mr. Faberbock stated that the waivers that are listed in the letter could be addressed at final plat approval and recorded on the final plat. Mr. Volk stated that he did not recall discussing all of the waivers; he asked about the waiver for the detention requirement. Mr. Faberbock stated that the Bisaga Woods parcel has sufficient natural drainage to meet its detention requirements.

Mr. Faberbock stated that the motion should include contingencies for the following: submission of the soil borings in the event changes have to be made to the soil to support the sewer, permit to build in the wetland area from the Army Corps, submission of a Notice of Intent per the IDEM Rule 5 Permit along with the erosion control plan/storm water control.

(General discussion ensued.)

Mr. Kil noted that the public hearing on Bisaga Woods was properly continued. Mr. Volk opened the public hearing. He called for public comment. There was no public comment. Mr. Volk closed the floor to public comment and brought the matter back before the Board for consideration.

Mr. Volk called for a motion for or against primary plat approval for Bisaga Woods, a two lot subdivision. Mr. Volk outlined the motion for primary plat approval for Bisaga Woods, a two lot subdivision as follows: four contingencies - soil borings to be submitted for review, wetland impact, erosion/sediment control and the sidewalk that will be required along the frontage of Lot 2. The waivers included in the motion were as follows: no sidewalks along Deodor or the front of Lot 1, detention pond, Title 3, Section 3 (names and addresses of adjacent property owners to be included on final plat). Mr. Volk incorporated the findings of fact into the motion. Mr. Forbes concurred with the motion. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (6/0).

B. CONTINUED REVIEW OF LIGHTING ORDINANCE
The Board continued its review of the Model Lighting Ordinance for the Town.

ADJOURNMENT:

Mr. Volk adjourned the meeting at 8:25 p.m.

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

01-18-2012 Plan Commission

January 18, 2012 Plan Commission Meeting Minutes

Greg Volk Tom Ryan Attorney Tim Kuiper
Mike Forbes Steve Kozel Pete Faberbock
Tom Redar   Steve Kil
Mike Ryan    

CALL TO ORDER:

Mr. Greg Volk called the study session of January 18, 2012, to order at 7:01 p.m.

PLEDGE OF ALLEGIANCE:

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Mike Forbes, Tom Redar and Steve Kozel. Mike Ryan and Tom Ryan were absent. Staff members present: Pete Faberbock and Steve Kil. The Board’s attorney was not present.

NEW BUSINESS:

A. EENIGENBURG SECOND ADDITION – PLAN REVIEW JOHN EENIGENBURG – JUNE 11 AGENDA & MINUTES ATTACHED
Mr. John Eenigenburg appeared before the Board to review Eenigenburg, second addition. He submitted a site plan to the Board for review. Mr. Volk noted that the print Mr. Eenigenburg presented did not vary much from the last one the Board reviewed. Mr. Eenigenburg mentioned the frontage road located in front of Lot 1 and asked whether or not it would have to be removed. Mr. Forbes asked him if he was talking about the frontage road between Lots 1 and 2. Mr. Eenigenburg concurred. Mr. Forbes stated that this was what was previously discussed.

Mr. Kil stated that he and Mr. Eenigenburg discussed the agreement on the frontage road, which was if the frontage road went in on the back of the property the frontage road in the front would be vacated. Mr. Volk concurred. Mr. Kil noted that the frontage road all across Lot 1 would be vacated. Mr.Volk stated that this frontage road would be deeded back to the Town in exchange for the new frontage road behind the buildings.

(General discussion ensued.)

The easements were discussed. Mr. Faberbock stated that the existing easements should remain untouched, but the building lines would be changed. Mr. Kil told Mr. Eenigenburg that all of the existing building lines should be eliminated. He stated a new building line should be configured sixty feet from the right of way taking the existing buildings into consideration. Mr. Forbes stated that the building lines should be set at the current standards and it would not affect the buildings.

(General discussion ensued.)

Mr. Eenigenburg stated after receiving a permit he would tear down a portion of the building on Lot 2. He noted after the tear down the building would occupy 90 feet instead of 150 feet. Mr. Eenigenburg noted a 40 foot easement in front of Lot 7. Mr. Eenigenburg noted that he no longer owns Lot 7 and it should not be reflected on the plat. Mr. Faberbock directed Mr. Eenigenburg to have Torrenga Engineering draw up a new plat that reflects exactly what is being subdivided. Mr. Faberbock stated that the portions no longer owned by Mr. Eenigenburg should be eliminated from the plat so the Board has an accurate depiction of the proposed subdivision.

(General discussion ensued.)

Mr. Eenigenburg informed the Board that he was written permission for ingress/egress between Lots 4 and 5. Mr. Kil stated there must be access all the way through so the parcel is not landlocked. Mr. Kil noted that it was Lots 1, 2, 3 and 4 that would be reflected in the new plat.

Mr. Faberbock stated that he will have to review the drainage. He stated the original drainage reflected pond modifications. He stated he will have to verify whether or not after the parcel is subdivided there will be adequate drainage. Mr. Eenigenburg stated, “I don’t think he’s going to allow that. He doesn’t want to lose that. He wants to put parking.” Mr. Kil noted that this issue has already been addressed and that this area is already deemed drainage and cannot be used for parking.

(General discussion ensued.)

Mr. Faberbock stated an easement would have to be placed if Mr. Eenigenburg wanted to use the swamp area for drainage. Mr. Eenigenburg concurred. Mr. Faberbock reiterated he would verify the drainage calculations.

Mr. Kil (drawing on plat) suggested to Mr. Eenigenburg how the parcel it should be subdivided. Mr. Kil also noted that documentation would be drawn up reflecting vacating the frontage road.

The Board recommended Mr. Eenigenburg consult with Torrenga Engineering and have the plat currently being discussed modified. Mr. Eenigenburg could then present modifications to the plat at the next regular meeting.

OLD BUSINESS:

Mr. Kil stated he would leave the meeting to obtain his texts on the Model Lighting Ordinance for continued discussion.

Mr. Faberbock informed the Board that Saddle Creek, Phase One and Silver Leaf, Phase One, have indicated that they will request a release of existing letters of credit. Mr. Faberbock stated Saddle Creek , Phase One and Silver Leaf, Phase One. would be required to provide a maintenance bond of fifteen percent. He stated that he will review these requests and establish maintenance bonds for both Saddle Creek and Silver Leaf.

(Mr. Kil re-enters room.)

Mr. Redar asked if Mr. Lenahan addressed the street sign and street lighting issues with Mr. Faberbock. Mr. Faberbock stated he was informed that new signs had been ordered. Mr. Redar noted that there are missing street signs, broken signs and poles mounted at the wrong height. He stated these issues were addressed long ago and nothing has been done. Mr. Redar stated that these issues should be taken into consideration when the maintenance bond is calculated.

Mr.Kil stated that he informed the developer if the Town has to replace these signs they will be replaced with the standard signs used by the Town. Mr. Faberbock informed that Board he would look into this issue before the next meeting.

A. CONTINUED REVIEW OF MODEL LIGHTING ORDINANCE

The Board discussed the lighting at a gas station located at Route 30 and Cline in Schererville. The Board concurred that this lighting was, for the most part, the type of lighting (for businesses) that the Board envisions for the Town.

A field trip was discussed.

Mr. Faberbock told the Board he had researched the measurement of illumination that was discussed at the last meeting. He explained that one nit equals one tenth of a foot-candle.

Mr. Volk stated that the Board would continue to review the Home Glen ordinance in addition to starting their review on Page 5, Commercial and Industrial. Light trespass was discussed. External illumination was discussed, including landscaping, flags, etc. Mr. Forbes stated that an example of acceptable external lighting should be included to illustrate exactly what was meant by this type of lighting.

Residential lighting was discussed. Lighting around the sports field was discussed. Enforcement of the lighting ordinance was discussed, and timing schedules for the lighting was discussed.

Mr. Volk stated that the Model Lighting Ordinance would be further discussed at the next meeting. He asked the Board members for further comment.

Mr. Forbes informed the Board that he has been attending meetings for several years regarding the proposed Illiana Expressway. He stated he met with a group of consultants earlier in the day regarding the proposed Illiana Expressway and its routes/corridors. He stated that the consultants were looking for specific input from each community.

Mr. Forbes stated that the proposed routes affecting St. John for the expressway follow either the A&R pipeline and/or Route 231. He stated that these two routes represent the two most northern corridors. He stated that the paths have been refined to 2000 foot wide corridors. He stated that this space would allow placement of a 400 foot wide expressway.

Mr. Forbes stated that he enlightened the expressway consultants of the infrastructure located in the St. John area include Shrine of the Passion of Christ, the church, a well site and the Town’s water treatment plant. Mr. Forbes stated one of the proposed routes also goes directly over a park in Town. Mr. Forbes stated that all of the routes proposed for the Illiana Expressway have several obstacles and problems to overcome.

(General discussion ensued.)

Mr. Forbes stated that consultants are now down to eight to ten corridors. Mr. Forbes opined that the route would probably end up in the Lowell/Beecher area. Mr. Forbes stated there is a public work shop scheduled on February 8, 2012 at Avalon Manor in Hobart. There was no further discussion from the Board.

AJOURNMENT:

Mr. Volk adjourned the meeting at 8:24 p.m.

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

02-01-2012 Plan Commission

February 1, 2012 Plan Commission Meeting Minutes

Greg Volk Tom Ryan Attorney Tim Kuiper
Mike Forbes Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Ryan    

CALL TO ORDER:

Mr. Greg Volk called the regular meeting of February 1, 2012, to order at 7:02 p.m.

PLEDGE OF ALLEGIANCE:

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Ryan, Tom Redar, Mike Forbes, Mike Ryan and Steve Kozel. Staff members present: Steve Kil and Kenn Kraus. The Board’s attorney was not present.

Mr. Volk introduced and welcomed Mr. Kenn Kraus, a representative of Haas & Associates, as the Board’s engineer. He stated that Haas & Associates have been appointed as the Town’s engineering firm.

APPROVAL OF MINUTES: JANUARY 4, 2012

Mr. Volk stated he would entertain a motion for the approval of the minutes of January 4, 2012, with any additions, deletions or corrections. Mr. Forbes made a motion to approve the minutes of January 4, 2012, as circulated; Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (6/0).

NEW BUSINESS:

A. EENIGENBURG – SECOND ADDITION – PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR PRIMARY PLAT APPROVAL JOHN EENIGENBURG
Mr. Kil informed the Board that he has had several meetings with Mr. Eenigenburg. Mr. Kil stated that Mr. Eenigenburg indicated he would like to have this matter deferred until he has the commercial property “straightened out.” Mr. Kil recommended that the Board defer this matter until the March meeting. Mr. Forbes made a motion to defer Eenigenburg, Second Addition; Mr. Tom Ryan seconded the motion. The motion was unanimously carried by voice vote (6/0).

Mr. Volk remarked that he anticipated that the Board would hear from Mr. Eenigenburg in February or March.

B. CERTIFICATE OF AMENDMENT FOR LOTS 17 AND 18 SILVER LEAF SUBDIVISION
Mr. Volk noted that all of the members should have a copy of the plat for Silver Leaf. He explained Silver Leaf subdivision is located on the far west side of Town. He stated that the Petitioner is simply seeking an amendment on the plat. He pointed out two 7 1/2 foot easements in the center of the two lots. He stated that these easements were not reflected on the original plat. He stated that the mylars would reflect the amendment of the plat to add the easement. Mr. Volk stated that it would reflect a 15 foot total easement between the two lots.

Mr. Kil stated that Petitioner, Mr. Lanahan, was present if the members had any questions. The Board had no questions.

Mr. Forbes made a motion to accept the amendments for Lots 17 and 18 of Silver Leaf Subdivision; Mr. Mike Ryan seconded the motion. The motion was unanimously carried by voice vote (6/0). Mr. Kil asked the Board to sign the mylars. Mr. Kil instructed Mr. Lanahan to record the amended plat.

Mr. Volk stated that on January 24, 2012, Steve Kil, Pete Faberbock, Attorney Tim Kuiper and he met with representatives of Lake Central High School construction team to discuss the proposed construction project. He stated that Turner Engineering and Construction Management representatives were present. He stated there were approximately 15 people present during these discussions.

Mr. Volk stated that the representatives presented the construction project that they have laid out thus far and location of where construction would begin. Mr. Kil gave the construction representatives the time constraints that would have to be met in order to break ground on the construction planned for July, 2012. Mr. Volk stated that demolition is scheduled for June and construction of the first building to commence in July.

Mr. Volk stated that the first building to be constructed is an academic building located behind the existing two story building, and a swimming pool. Mr. Kil clarified that the swimming pool will be located on the south side where the modules are currently located.

Mr. Volk stated that the Board should have received a copy of the staff notes that were taken by the construction representatives and also by Mr. Kil. He recommended that the Board review these notes to enlighten themselves about the Lake Central High School construction project.

Mr. Kil stated that the construction representatives are prepared to attend the Plan Commission’s March study session.

Mr. Volk explained that Clark Middle School is also included in the construction project. He clarified that Clark Middle School will be the very first phase of the construction project. He stated that a proposed football field will be installed directly behind the vacant lot at Clark Middle School. Mr. Kil stated that the construction representatives will be in front of the Plan Commission for site plan approval.

Mr. Kil stated that the Clark Middle School construction project includes a track, field and bleachers and improved lighting. Mr. Kil stated that when Lake Central is under construction the football field there will be completely demolished and the new field will be moved to the north and changed to a north/south direction. Mr. Kil explained that during the course of that construction the Clark Middle School facility will be utilized with its proposed track/football field.

(General discussion ensued.)

The lighting was discussed. Mr. Kil stated that it was represented to him, “they can’t imagine the lights being on after, like, 10:00.” Mr. Kil stated that the lights would be on on game nights. Mr. Kil stated that the Clark Middle School project would be the first issue that would be presented to them.

(General discussion ensued.)

Mr. Kil stated that the project is running on a very tight time line. Mr. Kil stated that on or about July 9, 2012, it is anticipated that they will be ready for a foundation. Mr. Kil explained that a foundation would allow the project to continue underground. He stated that they would not be able to do anything vertical until they receive final plat approval. Mr. Kil stated that the construction project is being run on an aggressive schedule.

Mr. Kil stated that he would keep the members apprised of the progress of the project by disseminating the staff notes on a timely basis. Mr. Kil informed that Board that is a 160 million dollar project and that the members should review the notes in order to keep abreast of the progress.

Mr. Kil noted that there will be no additional curb cuts in the Lake Central construction project and that the three existing ingress/egress onto Route 41 will continue to be used.

(General discussion ensued.)

Mr. Forbes remarked that as the construction dates draw near he anticipates more people to show up at the meetings.

Mr. Tom Ryan asked if the Board was obligated to allow them to install lighting. Mr. Volk stated that the Board is not obligated to allow lighting and that is one of the reasons the Petitioner has to appear before the Board.

Mr. Kil stated he provided the Petitioners with all of the information they needed to fulfill the requirements to commence construction. Mr. Kil stated he informed Petitioner that the Board would be concerned with and require all of the following: elevations around the building, exterior of the building, encroachments, dimensions, landscaping plan, lighting plan and traffic flow plan. Mr. Kil stated that the Board would not concern themselves with the engineering.

Mr. Volk remarked that the Board should be watchful of the west side of the high school near the residential area. He stated one of the proposed buildings would be 50 feet from the property line.

Mr. Kil stated that the traffic flow will be presented to the Board.

(General discussion ensued.)

Mr. Tom Ryan referred to the memo wherein it is uncertain about lighting on the baseball field. Mr. Kil stated that if there is money available they will install lighting but at this time it is undetermined for financial reasons.

Mr. Redar mentioned asbestos in the building. Mr. Kil stated that they are aware that the asbestos has to be disposed of properly pursuant to EPA and IDEM regulations.

Mr. Volk stated that the members will be regularly updated on the project. There was no further discussion.

* * * * *

Mr. Volk stated that he was in receipt of a Construction Summary for the month of January; permits were issued for five single family homes.

OLD BUSINESS:

A. CONTINUED REVIEW OF LIGHTING ORDINANCE
Mr. Volk acquainted Mr. Kraus with the work being done by the Board on the proposed lighting ordinance. He stated that the Town is updating their lighting ordinance. He stated that the Board is attempting to model the ordinance with the International Dark Skies concepts. Mr. Volk explained that the Board is currently reviewing the lighting ordinance of the Village of Homer Glen.

(General discussion ensued.)

The Board concurred that the Plan Commission should retain control of lighting plans and reviewing them on a case by case basis.

ADJOURNMENT:

Mr. Volk called for a motion to adjourn the meeting. Mr. Forbes made a motion to adjourn the meeting; Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (6/0).

(The meeting was adjourned at 8:05 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

02-15-2012 Plan Commission

February 15, 2012 Plan Commission Meeting Minutes

Greg Volk Tom Ryan Attorney Tim Kuiper
Mike Forbes Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Ryan    

CALL TO ORDER:

Mr. Greg Volk called the study session of February 15, 2012, to order at 7:03 p.m.

PLEDGE OF ALLEGIANCE:

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Redar, Mike Forbes, and Steve Kozel. Tom Ryan and Mike Ryan were absent. Staff members present: Steve Kil and Kenn Kraus. The Board’s attorney was not present.

NEW BUSINESS:

A. MARTIN’S COMMERICAL ADDITION – LOT SIX – PLAN REVIEW BRAD TEIBEL
Mr. Brad Teibel appeared before the Board for plan review of Martin’s Commercial Addition, Lot Six. Mr. Teibel stated that this building would begin construction on Martin’s corner. The proposed building is located on Lot 6, the northeast corner of Maple and Route 231, due east of St. Anthony’s Hospital. Mr. Teibel submitted a site plan for the Board’s review.

Mr. Teibel informed the Board that he is proposing a 5200 square foot building with mixed use. He stated that there is currently one national tenant (Subway) to be located in the building. This tenant would occupy approximately 1700 square feet of the building. He stated that the other available 3500 square feet may be used for insurance and medical related businesses.

Mr. Teibel referred to the site plan stating that a part of this building has frontage and will be facing Route 231. Mr. Teibel stated that this unit has a potential for a proposed drive-thru on the west end of the building. He stated at this point in time the drive-thru will not be used but may be in the future.

Mr. Teibel asked the Board for feedback on his proposed site plan. Mr. Forbes remarked he was trying to envision how the drive-thru would work. Mr. Teibel stated he thought about eliminating the access drive from the back and bringing two lanes in from Maple Street. He stated he could landscape to round out the corner. He stated this configuration would enable cars to circle the building. He stated that Subway has limited drive-up.

(General discussion ensued.)

Mr. Teibel stated he could reconfigure the site plan to allow for more stacking of cars in the back of the building. He stated that the plan could be reconfigured to have the drive up lane come from the back of the building. Mr. Teibel stated that the existing storm and sanitary sewer to the property originate from the original plans to the subdivision.

The drive-thru and employee parking was discussed. Mr. Teibel stated that the entrance could also be reconfigured. Mr. Kil and Mr. Forbes made some recommendations for placement of the future drive-thru. Mr. Teibel stated he would be happy to make the recommended changes. Mr. Teibel stated that he will be using a trash enclosure similar to the one used at St. John Wine and Spirits, a full enclosure.

Mr. Teibel stated that he has envisioned going from 106’ of frontage (to 100-101’) on the building and losing five to 10 feet of the building. Mr. Kil concurred. He stated that the location where there is a 90 degree turn even five additional feet would make a difference.

(General discussion ensued.)

Mr. Teibel stated there are 47 parking stalls for the building. He stated that this should be adequate parking for the proposed businesses. Mr. Teibel stated that if it is determined that parking is not sufficient he will do a cross access easement. Mr. Forbes recommended that the landscaping should be concentrated where it abuts the residential.

Mr. Kraus asked if the tenant would want to re-locate to the opposite side of the building which would eliminate any problems with the drive-thru. Mr. Teibel explained that the retailer selected the unit because of its visibility.

Mr. Teibel stated that he will make the recommended changes and submit them for Mr. Kraus’s review prior to the next regular Board meeting.

B.LAKE CENTRAL HIGH SCHOOL – INTRODUCTORY MEETING

Mr. William Ledyard, Lake Central High School, Director of Facilities, introduced the following persons, Mr. Tom Neff, principal, Schmidt Associates; Mr. Duane Dart, architect, Schmidt Associates; Mr. Kyle Miller; Scott Atchison, lead superintendent of high school project; and, Attorney Cheryl Zic,

Mr. Ledyard informed the Board that Clark Middle School is a small part of the Lake Central High School construction project. He stated that the high school’s track will be relocated to Clark Middle School. The track is being relocated because the new academic wing for the high school project is going to be built on the high school’s existing track. Mr. Ledyard stated that this would be the first phase of the project. Mr. Ledyard turned the meeting over to Mr. Miller to walk the Board through the Clark Middle School project.

Mr. Kyle Miller informed the Board that Schmidt Associates have been hired to do the Lake Central project. He stated that he and his colleagues have met with Town representatives a few times previously and they appreciate the time spent working with the Town and its staff. Mr. Miller stated that although the project is running on a tight schedule they want to follow all of the steps that the Town requires.

Mr. Miller produced a site plan for the Board’s reference. Mr. Miller showed on the drawing where the proposed track, bleachers, natural turf football field, concession stand and hardscape will be built. He stated that the football field will be used by the middle school. He stated that the primary reason that this track has to be built is because a part of the project at the high school will be covering up the existing running track. Mr. Miller stated that this will give the high school students a place to run track for the next few years.

Mr. Miller stated that this construction will be to the south of the Clark Middle School in a big open area. Mr. Miller stated that their civil engineer is working closely with Mr. Ken Krauss to calculate the drainage and place any detention that is needed. Mr. Miller stated that this project will most likely be done in budget phases but they would like to have all of the site development approved at once. Mr. Miller stated that the building which is a concession, locker and rest room building will be Phase II.

Mr. Miller stated lighting on the football field had been discussed at previous meetings. He stated that the lighting would also be a Phase II item. He stated that it is understood that a photometrics plan would be required when the time comes. He stated that the lighting would probably be in Phase II of this project.

Mr. Miller stated that the project will commence in spring as soon as the weather allows. He stated that they want to start covering up the track at the high school and have the new track in by as soon as next track season.

Mr. Volk asked about the location of the bleachers. Mr. Miller stated that the idea with the bleachers was to get them as far away from the subdivision as possible. He stated there is a buffer on both sides. Mr. Forbes noted the drainage. Mr. Forbes stated he does not recall any discussion on drainage at all regarding all of the property between the school and Renaissance subdivision. Mr. Forbes remarked that there is probably work to be done on the drainage because there is a significant amount of wetlands and water.

(General discussion ensued.)

Mr. Kil noted that the landscaping is clustered close to the field so that it can be used as a buffer to the subdivision. Mr. Forbes recommended some landscaping on the east side for a sound barrier.

Mr. Miller stated that the bleachers would probably be composed of aluminum/steel sitting on concrete on grade. He said that if footings were needed for the bleachers they would be installed. Mr. Forbes asked where the rest rooms would be located. Mr. Miller stated that the building would contain a concession, lockers, rest rooms and a basic type of press box.

Mr. Forbes stated that without seeing a photometric plan, he would not be able to approve any kind of lighting. He stated he would require some information on the lighting and would like to see the proposed lighting fixtures. Mr. Miller concurred and stated that he will provide information on the lighting.

Mr. Miller went through the tentative schedule with the Board. March 21 study session, present site plans for Clark Middle School; April 4, regular meeting, approval for Clark Middle School; April 18, Lake Central High School, status; May 2, request permission to advertise for public hearing for primary subdivision approval for the high school; May 16, study session, review process for the high school; June 6, regular meeting, public hearing for primary plat approval, request a special meeting to be held on July 11, for secondary plat approval.

(General discussion ensued.)

Mr. Forbes stated that with the fast pace of this project, the sooner the Board has drawings for review the more likely they would be able to move forward. Mr. Forbes stated that if the plans are not reviewed ahead of time not to expect much to be accomplished.

Mr. Kil asked the representatives to touch upon the lighting at Clark Middle School. Mr. Ledyard stated that lighting was discussed at the last meeting. He stated that lighting would be for varsity track athletes. He stated that these events start early. Mr. Ledyard stated that middle school track and middle school football also starts very early. He stated that the school would be more than willing to have a strict curfew of 9:00 p.m. Sunday through Thursday, 10:00 p.m. on Friday and Saturday. He stated that the school is very willing to have a curfew enforced for the proposed complex.

(General discussion ensued.)

The high school project was discussed next. Mr. Duane Dart, project manager/architect for the high school project appeared. Mr. Dart presented a drawing for the Board’s review. Mr. Dart showed one section of the addition where a three story classroom/academics wing with some vocational is to be located.

Mr. Dart showed the Board where the pool will be located and how it will lay over where the modular classrooms are presently located. Mr. Dart stated that the three story, classroom addition will be located on the west side; the pool addition will be located where the existing modulars are. Mr. Dart stated that the three story classrooms and pool will be the first phase.

Mr. Dart explained that during the second phase the following will be built: auditorium, music area, administration, main entry, media center and a gym. Mr. Dart showed the Board the floor plan for the three story classroom. He stated that the gym would have two floors. Mr. Forbes asked where the street would be located. Mr. Dart showed him the location of the street.

(General discussion ensued.)

Mr. Dart pointed out the location of the new bus lot, the student parking and staff parking. Students would not be allowed access to the bus lot. Mr. Dart also stated that there would be emergency vehicle access to the fields in the back. Mr. Dart stated that they will not be changing ingress/egress from Route 41. He stated what is being changed is the traffic pattern when you enter the school grounds. Mr. Dart stated that the parking lot would work much like a shopping center with an interior loop and an exterior loop with parking in between. He stated there would be an additional 200-300 parking stalls.

(General discussion ensued.)

Mr. Dart explained that the buses will be more easily monitored once the buses are integrated into one space. He also showed on the drawing the student/visitor entrances. Planting for a buffer was discussed.

Photometrics were discussed. Mr. Dart explained that they are now looking at LED lights that are somewhere between “standard normal lights” and “pure dark sky lights”. He stated that the dark sky lights do not put out much light and don’t do much for security as they are not really meant to be used for a school. He stated they are attempting to use LED lights for low energy. Mr. Forbes stated that the Board was concerned about the glare from the lights.

Mr. Kil indicated that NIPSCO will have to build a substation to accommodate power at the high school. Mr. Dart stated they are converting from gas heat to electric heat. Mr. Dart explained that the school will have a variable refrigerant system. He stated that there will be no compressors running, and the energy system will be much more efficient.

Mr. Dart stated that although they did not have a lot to show the Board at this meeting they are diligently working on the project back at the office. He stated that in a short time they will be sharing a lot more drawings with the Board, probably within the next week or two.

Mr. Volk stated the project was nice.

Mr. Kil stated that there are some things that will have to happen that are not on the schedule. He stated that the zone change for a piece of property is a part of this construction project is a process before the Plan Commission. Mr. Kil stated he did not anticipate any problems with the zone change. Mr. Ledyard explained that the school corporation is in the process of closing on a piece of property located between Taco Bell on the far southeast corner of the building consisting of 1.38 acres. He stated that the closing should happen within the next thirty days.

Mr. Kil stated that the July 11, 2012, date for final plat approval for the high school is an important date. He stated that a foundation release will be required immediately. He stated that a foundation release will enable the architectural team to do its work. He stated that a permit cannot be issued until final plat approval is granted. He stated that a foundation release should be received from the State Building Commissioner.

Mr. Forbes asked Mr. Kraus if he had reviewed the calculations. Mr. Kraus stated that they have discussed rainfall intensity, co-efficient and what computer programs to use. He stated they have discussed the concept of underground detention. Mr. Kraus stated that he is considering the subdivision control ordinances as a minimum standard and the project engineer has offered plans that are more elaborate, more modern and exceed the ordinance requirements. Mr. Dart stated that much more material will be provided in the near future.

Mr. Forbes asked if any waivers required. Mr. Kil stated there would be waivers related to landscaping in the parking lot. Mr. Kil stated that there are not a significant amount of waivers.

(General discussion ensued.)

Mr. Kil stated that he has requested that during this project they consider constructing a tower on top of the high school so that it would free up antennae space for the Town. He stated that currently the school corporation leases antennae space from the Town. The project representatives stated they are investigating this matter. Attorney Zic reminded Mr. Kil that the school corporation leases antennae space from the Town. Mr. Kil stated that on a project this size it would make sense to consolidate the tower at the high school.

Mr. Kil asked about the disposition of the trailers and the AC unit at the bus barn. Mr. Dart stated that the HVAC would be disposed of, but there are no plans for the trailers at the present time.

The project engineers again thanked Mr. Kil, his staff and the Board for their time.

OLD BUSINESS:

A. CONTINUED REVIEW OF LIGHTING ORDINANCE AND FIELD TRIPP TO LOOK AT LIGHTS
Mr. Volk stated that the Board would revisit the Model Lighting Ordinance at the next meeting.

Mr. Volk asked Mr. Kil about the status of the dumpster enclosures. Mr. Kil stated he has had no input on the dumpster enclosures but he would follow up on this matter.

(General discussion ensued.)

ADJOURNMENT:

Mr. Volk adjourned the meeting at 8:50 p.m.

(The meeting was adjourned at 8:50 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

03-07-2012 Plan Commission

March 7, 2012 Plan Commission Meeting Minutes

Greg Volk Tom Ryan Attorney Tim Kuiper
Mike Forbes Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Ryan    

CALL TO ORDER:

Mr. Greg Volk called the regular meeting of March 7, 2012, to order at 7:02 p.m.

PLEDGE OF ALLEGIANCE:

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Ryan, Tom Redar, Mike Forbes and Steve Kozel. Mike Ryan was absent. Staff members present: Steve Kil and Kenn Kraus. Attorney Tim Kuiper was also present.

APPROVAL OF MINUTES: FEBRUARY 1, 2012

Mr. Volk stated he would entertain a motion for the approval of the minutes of February 1, 2012, with any additions, deletions or corrections. Mr. Forbes made a motion to approve the minutes of February 1, 2012, as circulated; Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. MARTIN’S COMMERCIAL ADDITION – LOT SIX – CONTINUED PLAN REVIEW – BRAD TEIBEL
Brad Teibel appeared before the Board for additional plan review of Martin’s Commercial Addition, Lot Six. Mr. Teibel stated that he had provided copies of an updated site plan based upon the Board’s recommendations. Mr. Teibel outlined five issues that the Board and he had discussed at the February 15, 2012, study session.

Mr. Volk noted that the main issues were the traffic flow and the drive-thru window. Mr. Teibel outlined the issues as follows: improving the drive-thru; “softened” the parking around the southeast corner of the lot to make the turn easier; decreased the size of the building by six feet in order to widen the green space on the east side of the building; increase the landscaping on the east border of the property; reposition the in/out access points for the garbage dumpster; and last, a lighting plan that was added to the site plan (a copy of the lighting plan of the McDonalds in Dyer).

Mr. Teibel apologized for not having the final plat engineering ready for Mr. Kraus’s review before the meeting. He asked the Board, in the event that they do approve the site plan, to stipulate that the approval would be contingent upon Mr. Kraus’s review and approval of the final engineering before a permit could be secured.

Mr. Volk noted that the garbage dumpster is set farther back from Maple Lane. Mr. Teibel stated that the set back is 15 feet.

(General discussion ensued.)

Mr. Volk asked about additional tenants. Mr. Teibel stated that the Subway will take up approximately 1700-1800 square feet, and that he is working with two prospective tenants at the present time.

Mr. Redar noted that the site plan reflects a 30 foot building line on the west side of the lot. He asked if this would pose a problem with the dumpster being over the building line. Mr. Kil stated that the dumpster is not a structure but an enclosure. Mr. Teibel stated he would move the dumpster back if necessary.

(General discussion ensued.)

Mr. Kozel asked if there would be any semi trucks going through the parking lot. Mr. Teibel stated that he did not anticipate any semi trucks coming through the parking lot.

Mr. Kil noted that all new construction in the Routes 41 and 231 corridors are required to be brick with dumpster enclosures like and kind to the primary structure.

Mr. Forbes stated that he would prefer a special meeting be held before the next study session in order to give Mr. Kraus an opportunity to review the final plat engineering. Mr. Teibel stated he would be willing to move the matter to the April 4 meeting. Mr. Volk asked for additional information on the proposed lighting plan.

Mr. Forbes made a motion to defer this matter to April 4, 2012; Mr. Kozel seconded the motion. The matter was unanimously carried by voice vote (5/0).

B. MEYER’S ADDITION – UNIT TWO – FINAL PLAT APPROVAL DOUG RETTIG
Mr. Doug Rettig appeared before the Board seeking final plat approval for Meyer’s Addition, Unit Two.

Mr. Volk noted that the Petitioner had received preliminary plat approval in November, 2011; he noted that the approval was contingent upon recommendations being reviewed by the Town’s former engineering firm, Robinson Engineering. Mr. Volk noted that Mr. Kraus had also reviewed the recommendations and submitted a letter to the Board. Mr. Volk noted that the letter reflected that the final plat drawing dated February 10, 2012, was satisfactory. This included a revision on March 3, 2012.

Mr. Rettig informed the Board that Petitioner understood that a building permit could be secured only after the necessary fees are paid (developmental fee, SWYPPP fee, letter of credit) and the mylars are signed. Mr. Rettig stated, in the event that the Board approved final plat, the fees would be paid before securing a building permit or recording the final plat.

Mr. Volk asked about the front commercial lot. Mr. Rettig informed the Board that he has commenced work on the commercial lot, but Mr. Meyers is still in negotiations with his neighbors to the south whose property contains stop light access on to Route 41.

(General discussion ensued.)

Mr. Kil noted that no fees have ever been paid on this project. He stated that there is a developmental fee of $900 and $150 SWYPPP fee.

Mr. Forbes made a motion to grant final plat approval to Meyer’s Addition, Unit Two, contingent upon receipt of a letter of credit in the amount of $45,130.80, a $900 developmental fee, $150 SWYPPP fee, and Mr. Kraus’s final, satisfactory review of SWYPPP plan. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. CARDINAL COVE – RESUBDIVISION OF LOTS EIGHT, NINE AND TEN MICHAEL MUENICH
Mr. Michael Muenich appeared before the Board seeking permission to re-subdivide Lots 8, 9 and 10 in Cardinal Cove. Mr. Muenich had submitted drawings to the Board. Mr. Muenich explained that Lots 8, 9, 10 and 11 are being re-subdivided into three lots, Lots 8, 9 and 10. Mr. Muenich informed the Board that Lot 10 is now approximately 1.5 acres, and Lots 8 and 9 are approximately 1.1 acres each. Mr. Muenich explained that the current request is for the re-subdivision and relocation of the lot lines. Mr. Muenich stated that Cardinal Cove was approved by the Town some time ago and all work has been completed.

Mr. Muenich stated that presently there is a purchaser for Lot 10 and purchaser intends to build a home. He stated he would be asking for a partial waiver of sidewalks. He stated that he submitted previous drawings so that Mr. Kraus can review the as-builts that were accepted by the Town some time ago.

Mr. Muenich asked the Board for permission to advertise for public hearing at the April meeting for both primary and final plat approval.

(General discussion ensued.)

Mr. Forbes noted that Lot 8 reflected a 100 foot building line; he asked if there was a 100 foot building line. Mr. Muenich stated to his understanding the building line is 100 feet. He stated he will confirm these numbers.

Mr. Redar noted the rear yard building line on Lot 10. Mr. Kil explained that he is not sure why these building lines appear on the drawings. He stated that the Plan Commission had interpreted that the zoning ordinance requires a rear yard setback and not a rear building line. Mr. Kil stated that this line could be removed.

Mr. Muenich stated that he would eliminate the rear building line and designate the front of Lot 10 as the western face so that the lot has a front lot building line designated. Mr. Muenich stated he will require the structure on Lot 10 face west.

Mr. Tom Ryan asked about a garage. Mr. Muenich stated that his understanding was there would be no access off of Prim Rose. Mr. Forbes recommended that the plat reflect “no access easement”.

Mr. Forbes made a motion to authorize Cardinal Cove to advertise for public hearing at the regular meeting on April 4, 2012. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (5/0).

OLD BUSINESS:

A. SITE PLAN APPROVAL FOR CLARK MIDDLE SCHOOL
Mr. Kyle Miller and Mr. Duane Dart appeared before the Board to update them on the landscaping, sound and photometric plan. Mr. William Ledyard, Director of Facilities, Lake Central was present. Attorney Cheryl Zic was also present.

Mr. Miller indicated that the construction group wanted to ensure that they are on the same page as the Plan Commission before they seek approval at the April 4, 2012 meeting. Mr. Miller gave a brief recap.

Mr. Miller stated that the drawing had not changed much since the last time the Board viewed it. He reiterated that the plan includes a football field, running track, bleachers, lights and some pavement. He stated that the proposed building would not be constructed until Phase II. He stated that the reason the building was reflected on the drawing was to ensure that the drainage calculations are accurate.

Mr. Miller stated that the project was going to be used mainly for high school track for the next couple of years since they will be building on top of the existing high school track. He stated that at the completion of the high school project the football field would become the middle school’s football field.

Mr. Miller presented the landscaping plan to the Board. He stated that the school corporation would like to focus the landscaping more around the football field itself. He stated this would provide a screen. He stated that it would be decidedly less landscaping around the football field than landscaping the entire property.

Mr. Miller showed the Board the layout of the trees and shrubs. He stated there would be a mix of oaks and maples. Mr. Miller stated that some of the trees will grow to 30 feet and some trees will grow to 80 feet. He stated that this mix will create a pretty good screen. He stated that the trees would be packed in densely around the field, as reflected on the drawing.

Mr. Volk asked about the distance from the south property line. Mr. Miller stated that these proposed landscaping would be 150-160 feet at the closest point to the property. Mr. Miller showed the Board the open area reflected on the drawing as a wetlands.

Mr. Miller moved on to the photometric plan. He stated that the goal was to have zero level light around the perimeter of the property. He stated that the light spill is zero all the way down the property line. Mr. Miller stated that the school has agreed to a light curfew shutting the lights off at 9:00 p.m. during the week, and with a 10:00 p.m. shut off on Thursday, Friday and Saturday.

Mr. Miller moved on to the audio system. He stated that the audio would be used for football games and track events. He stated that all of the sound would be directed towards the bleachers. He stated that the press box will be heard at the edges at times. He stated that a PA system is necessary for school sporting events.

Mr. Volk asked if the planting of trees close to around the perimeter of the whole field and track would be better for blocking sound. Mr. Miller concurred in that the tree line would probably catch the sound. Mr. Volk noted that it would do nothing for blocking the lights. Mr. Volk stated that he would prefer to see the trees all the way around the field. He stated there a quite a few neighborhoods to the east and sound carries.

Mr. Miller stated that they are somewhat limited in placing trees all the way around because of the proximity to the bleachers. He stated that there is some growth on the east side of the property at the present time.

(General discussion ensued.)

Mr. Ledyard explained that there are wild grasses and wetland type of plants growing on the east side of the property.

Mr. Kraus had a question about the ground water table and whether or not under drains would be needed under any impervious surfaces. He stated he has not seen any soil borings on this site.

Mr. Miller stated that soil borings have been ordered but he doesn’t have the results yet. He stated that the football field will be a natural turf football field. Mr. Miller stated that under drains are planned for the field and if under drains are needed under the pavement they will be installed there as well.

Mr. Kraus asked about the future building and how it how it would be served with sanitary sewers and water. He also wanted to know if the service lines will be installed under the pavement now or if they will they be installed later. Mr. Miller explained that when the building is erected there will be new pavement. He stated that utilities will be easily added in the future. Due to budget constraints, the service lines won’t be installed until Phase II. Mr. Miller stated that they are undecided on the sewer.

(General discussion ensued.)

Mr. Ryan asked about the seating capacity of the bleachers. Mr. Miller stated that the bleacher capacity is 1600 for visitors and home both on the same side. Mr. Tom Ryan asked if there was ample parking. Mr. Ledyard stated that the entire south side of the building has parking. Mr. Ledyard stated that it is rare for the bleachers to fill up entirely for high school track or middle school football. Mr. Ryan asked about future use and having to add additional bleachers. Mr. Ledyard stated they would not have the ability to add bleachers on the east side.

(General discussion ensued.)

Mr. Volk asked about high school football being played at Clark Middle School. Mr. Ledyard stated that the high school would never play football at Clark Middle School. He stated that the high school would reach out to their opponents and switch the game to the opponent’s school.

Mr. Volk asked the Board for their thoughts on the proposed landscaping. Mr. Kozel asked for more details on the landscaping that would include what type of trees, spacing of trees, how big the trees will be. He noted that oaks will take a long time to grow.

(General discussion ensued.)

Mr. Ryan asked how tall the trees that are being planted would be. Mr. Miller stated that they would have a 2 1/2 “ caliper. He stated that the trees would probably be six to seven feet tall. Mr. Forbes stated that the Board wanted to get as much out of the landscaping as possible for controlling sound and lighting.

Mr. Volk stated that the back should be filled in more; he recommended the addition of some evergreens outside of the tree line. He stated that the evergreens would be additional buffer and year round color.

Mr. Redar remarked that the tree line may have to be moved because as the trees mature they will be too close to the bleachers and crowded.

Mr. Volk stated that the Board would like to see more of an evergreen type of tree around the outer perimeter and also see what can be done on the east side of the property. He stated that these trees would not have to be as densely packed as the trees around the football field are. He stated that the evergreens would balance the plantings with some year round green and also absorb some of the lower sound that would travel.

Mr. Ledyard asked the Board if they really wanted plantings on the east side. He remarked that it’s an almost natural area, “almost like a wetland drainage” type of area. He noted that there are no residences close to this area. Mr. Ledyard stated they are trying to shield the south and the west sides as best they can.

Mr. Volk asked about soccer. Mr. Ledyard stated that the soccer would be more middle school P.E. soccer.

Mr. Volk noted there will be four banks of lights. Mr. Miller stated that there will be four main light posts for lighting up the field with zero spill all the way around the property line.

Mr. Ryan asked if all the lighting was absolutely necessary. Mr. Ledyard stated that the lights were necessary because middle school football games in the fall often run into the dark, and track starts in early spring where lighting is needed.

Mr. Volk asked about lighting other than the stadium lighting. Mr. Miller stated that when the building is constructed it would contain wall packs for security. Mr. Miller stated that there would be parking lot lights also.

Mr. Redar asked how people would access the bleachers. Mr. Miller showed on the drawing how the bleachers are accessed.

(General discussion ensued.)

Mr. Miller stated that there would be a four foot, chain link perimeter fence around the football field.

Mr. Dart stated that they will provide additional information on the lighting posts and fixtures.

Mr. Forbes asked if there was a lighting standard that was being used for the football field. He stated that different sports have different lighting level standards. Mr. Miller stated that NFHS has guidelines that are being followed. The Board discussed differences between Musco and GE lighting.

(General discussion ensued.)

Mr. Miller stated that a sound consultant put the sound system together. He stated that this audio system was designed to be sensitive to the property lines. He stated that the sound would be directed towards the seats. Mr. Miller stated that the sound level can be adjusted. Mr. Dart stated that the four speakers will be mounted to the light standards and all aimed towards the east.

Mr. Kil informed the Board that he provided them with copies of the staff meeting notes. Mr. Dart summarized the recommendations made by the Board, add some pine trees around the edges, clarify what can be done with the east side of the property, possibly adding some wetland(s) plantings. There was discussion of moving the entire field to the west, but this was not considered feasible.

Mr. Miller stated that they would continue to work on the project and he encouraged the Board members to communicate any feedback to them. Mr. Kil stated that Petitioner should attend the March 21, 2012, study session.

Mr. Kil recommended that the Board members read their staff notes to keep abreast of the high school construction project.

Mr. Volk reminded the Board members to bring their Model Lighting Ordinance books to the study session.

Mr. Volk asked Attorney Kuiper for an update on the dumpster compliance. Attorney Kuiper stated he would update the Board on the dumpster compliance at the study session.

ADJOURNMENT:

Mr. Volk called for a motion to adjourn the meeting. Mr. Forbes made a motion to adjourn the meeting; Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

(The meeting was adjourned at 8:35 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

03-21-2012 Plan Commission Meeting Canceled
04-04-2012 Plan Commission

April 4, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Attorney Tim Kuiper
Mike Ryan Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Forbes    

CALL TO ORDER:

Mr. Greg Volk called the regular meeting of April 4, 2012, to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE:

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Ryan, Tom Redar, Steve Hasting and Steve Kozel. Mike Forbes was not present for roll call. Staff members present: Steve Kil and Kenn Kraus. Attorney Tim Kuiper was also present.

APPROVAL OF MINUTES: MARCH 7, 2012

Mr. Volk stated he would entertain a motion for the approval of the minutes of March 7, 2012, with any additions, deletions or corrections. Mr. Kozel made a motion to approve the minutes of March 7, 2012, as circulated; Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. CARDINAL COVE – RESUBDIVISION OF LOTS 8, 9 AND 10 PUBLIC HEARING – PRIMARY APPROVAL – MICHAEL MUENICH
(Mr. Mike Forbes enters meeting.)

Mr. Muenich was not present when the matter of Cardinal Cove was announced by Mr. Volk. Attorney Kuiper recommended that the Board move this matter to the end of the agenda. He stated it was unusual for Mr. Muenich to be late for a meeting.

B. MARTIN’S COMMERCIAL ADDITION - LOT 6 – SITE PLAN APPROVAL BRAD TEIBEL
Mr. Kil informed the Board that Mr. Teibel requested that this matter be deferred. Mr. Forbes made a motion to defer Martin’s Commercial Addition, Lot 6, site plan approval to the May 2, 2012, regular meeting. Mr. Hastings seconded the motion. The motion was unanimously carried by voice vote (6/0).
B. MEYER’S ADDITION – UNIT 2 – FINAL PLAT MYLAR SIGNATURES
Mr. Kil informed the Board that the only items that the Board was waiting for was the letter of credit; Mr. Kil indicated that the letter of credit was in the file, all fees have been paid and the project is ready to go.

Mr. Forbes asked what the Petitioner was building. Mr. Kil stated that there would be two duplexes built. Mr. Volk noted that the duplexes are to be like and kind to the existing duplexes. Mr. Krauss stated that he had previously reviewed the mylars.

Mr. Forbes made a motion to authorize signing of the mylars for Meyer’s Addition, Unit Two, and make a recommendation to the Town Council to accept the letter of credit for Meyer’s Addition, Unit Two; Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (6/0).

C. LAKE CENTRAL HIGH SCHOOL – (CLARK MIDDLE SCHOOL) SITE PLAN APPROVAL – TRACK AND FIELD
Mr. William Ledyard, Mr. Kyle Miller and Attorney Michael Sears appeared before the Board seeking site plan approval for Clark Middle School. Mr. Tom Ryan referenced notes taken by Mr. Kil at the last meeting; Mr. Ryan noted that the lights were being bid as an alternative.

Mr. Ledyard stated that the lights were going to be bid on alternate. Mr. Ryan asked if funds were available for the lights at the present time. Mr. Ledyard explained that it depended on how the bids come in. He stated that all of the infrastructure for the lights will be completed in the initial phase of the project, but the lights themselves will be bid as an alternate. Mr. Ryan asked about the cost of the lights. Mr. Ledyard explained that it depended on the market, but estimated the cost of the lights in the ballpark of $150,000.

Mr. Volk noted that the Board is in receipt of a letter from Dr. Veracco, school superintendent. Mr. Volk stated that that letter mainly referenced the lights.

Mr. Volk paraphrased Mr. Kenn Kraus’s letter of April 4, 2012: The project is to add a running track, soccer/football field and bleachers with ancillary supporting systems (e.g. lighting, irrigation, drainage, etc.) to the school site; the drawing dated March 26, 2012 are satisfactory; the fee for the review and inspection of the Storm Water Pollution Plan SWYPPP is $733.50; and, the Developmental fee is $900.00.

Mr. Volk stated that he has concerns about the lights. He stated that he mentioned at the last meeting that he would like to limit the lighting to a number of events. He stated at the last meeting he heard a number of events including soccer and Pop Warner. Mr. Volk stated that the letter from Dr. Verraco references charitable events that may or may not be held at the proposed football field at Clark Middle School.

Mr. Volk stated he does not have a problem with the light shut-off times of 9:00 p.m. and 10:00 p.m. He stated that, theoretically, that could be seven days a week. Mr. Ryan asked how the light curfew would be enforced. Mr. Ledyard stated that the light curfew will be the parameters for any event. Mr. Ledyard stated that most middle school football games are over by 8:30 p.m. He stated that if the event was not over by the light curfew time the event would either be suspended or called as is. Mr.Ledyard stated that the light curfew would be strictly enforced.

Mr. Ryan asked if there would be any type of penalty if the curfew was not enforced. Mr. Ledyard reiterated that the curfew would be followed. He stated that the light curfew would be a part of the playing rules for the field and would be strictly enforced.

Mr. Ryan asked when they were projecting the field would be ready. Mr. Ledyard stated that the football field will not be used until calendar year 2013. Mr. Ryan stated that a couple of years from now perhaps there would be laxity with the light curfew. Mr. Ledyard stated that the lighting curfew would be one of the ground rules for the field.

Mr. Ryan reminded Mr. Ledyard that he had stated at a previous meeting that he is not fond of the lights at all and wondered if they were really necessary. Mr. Ledyard stated that the lights are absolutely necessary.

Mr. Ledyard stated that the lights on the proposed field meet all of the Town’s codes, the lights do not spill over property lines and the curfew recommended by the Board and Mr. Kil has been agreed to.

Mr. Ledyard stated that the facility is being paid for by taxpayer money for the students of Clark and the community. He stated that he would not want to limit the community from the facility. Mr. Kozel stated he does not believe they are trying to limit people from the facility; the Board is concerned about the usage.

(General discussion ensued.)

Mr. Ledyard reiterated that the school has agreed to the light curfew suggested by Mr. Kil. Mr. Kozel noted that at least four events have been proposed to be held at the facility. Mr. Ryan asked how many more events would be added. Mr. Ledyard stated that he was not able to answer the question; he stated he would not want to deny the community/taxpayers use of the facility. He stated that the school is a public entity. He stated that the ground rules as established with Mr. Kil and the Board would be strictly enforced.

Mr. Volk concurred in that standards for the lighting have been met. He stated that it is not so much the light curfew, but the number of events that may take place there. Mr. Ryan added, from his point of view, it is both the light curfew time and the number of events. Mr. Ryan recommended that there be more discussion on the light curfew and number of events.

(General discussion ensued.)

Mr. Volk noted a section of the letter referencing the charitable organizations and waiving the light curfew; he asked Mr. Ledyard to explain. Mr. Ledyard stated that there are a couple of charitable organizations that the high school partners with, one being Relay for Life. He stated that the high school track will not be available to them during the construction period. He stated that in the event that the high school partners with a charitable organization and they chose to use the Clark Middle School track he wanted the Board to be made aware of it. Mr. Volk asked about the sentence reading “The light curfew will not apply to these events.” Mr. Ledyard explained that the Relay for Life is a continual 24/36 hour walk that is held to raise funds for cancer. Mr. Ryan noted this event would require the lights to be on all night.

Mr. Volk stated, in his mind, the matter at hand is the number of events per year. Mr. Volk concurred that the curfew has been agreed to. Mr. Volk stated that the Board would have no control over the number of events, and the neighbors around the school also have to be taken into consideration. Mr. Ledyard pointed out that the lights don’t spill into the neighbors’ yards as per the photometric drawing. Mr. Volk concurred but remarked that there would still be glare.

(General discussion ensued.)

Mr. Hastings asked if there were any other events that may be held at the football field that Mr. Ledyard could call to mind. Mr. Ledyard explained to the Board that there are people coming to him every year for various causes but the Relay for Life is one that comes to mind being a multiple day event.

(General discussion ensued.)

Mr. Ledyard stated he sent a letter to Mr. Kil with the approximate number of high school varsity girls and boys track and middle school football events. Mr. Volk stated he recalled there to be thirty-some events. Mr. Leyard stated it was probably between 36 and 40 events. Mr. Volk stated he would feel more comfortable having an idea of how many events will actually be held there per year. Mr. Ledyard explained that some events during the week day will not even require lights.

Mr. Ledyard reiterated he does not want to limit the taxpayers the use of the facility. Mr. Ryan remarked that he would like to limit the amount of time the lights are on. Mr. Ledyard reiterated that the curfew would be adhered to.

Mr. Ryan asked if it would be possible to approve the site plan for the football field and defer the issue on the lights to a later date. Mr. Ryan stated that the situation with the lights, number of events and times needs more discussion.

Attorney Kuiper stated that if the Board wanted to defer approval on the football field lighting that they would need to articulate reasons for doing so.

Mr. Volk stated a myriad of reasons, the lights, the noise, the number of events, the PA system. He stated that the neighbors should not have to be subjected to events every night.

(General discussion ensued.)

Mr. Volk asked Mr. Ledyard to ascertain who will be using the football field and how often. Mr. Ledyard stated he would never be able to answer this question in a finite manner. He stated he would be able to give an approximation of the Lake Central sanctioned events. He stated as far as community events, organizations or people that want to use the field, he could not provide a number for the Board. Mr. Ledyard stated he did not want to limit taxpayer use of the facility.

(General discussion ensued.)

Attorney Kuiper stated that the football field lighting would be taken up for further discussion at the study session. He further stated that approval of the rest of the site plan would be prudent tonight.

Mr. Ryan made a motion to defer approval of the lighting at the Clark Middle School football field and have more discussion at the May 2, 2012 meeting, but approve the site plan for the football field and track field with amenities. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (6/0).

D. LAKE CENTRAL HIGH SCHOOL – PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON MAY 2, 2012, PRIMARY SUBDIVISION APPROVAL
Mr. Forbes made a motion to authorize a public hearing on May 2, 2012, for preliminary subdivision approval for Lake Central High School. Mr. Redar seconded the motion. The motion was unanimously approved by voice vote (6/0).
E. LAKE CENTRAL HIGH SCHOOL – PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON MAY 2, 2012 – ZONE CHANGE FROM C-2 (HIGHWAY COMMERCIAL) TO P (PUBLIC) (COLLET PROPERTY ON U.S. ROUTE 41
Mr. Forbes made a motion to authorize a public hearing on May 2, 2012, for a zone change for the Lake Central High School property from C-2 to P (public), specifically, the Collet property. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (6/0).
F. CARDINAL COVE – RESUBDIVISION OF LOTS 8, 9 AND 10 PUBLIC HEARING – PRIMARY APPROVAL – MICHAEL MUENICH
Mr. Muenich apologized for the delay. Mr. Muenich appeared before the Board seeking primary approval for resubdivision of Lots 8, 9 and 10 in Cardinal Cove. Attorney Kuiper stated that notices and publications were in order for a public hearing on Cardinal Cove.

Mr. Volk noted that the lots in Cardinal Cove have been resubdivided from four lots into three. Mr. Muenich concurred. He stated that Lot 10 is now approximately 1.5 acres and the remaining two portions of Lots 8 and 9 are each 1.1 acres. Mr. Muenich stated that a five foot no-access strip along Primrose Drive is noted on Lot 10. A five foot setback line for any fence that might be installed on Lot 10 was also added, the purpose being to provide sufficient room for equipment to work in the easement area where utilities are currently located.

Mr. Muenich stated that two notes have also been added, one, no vehicular access is allowed to Primrose Drive from Lot 10, and two, any residential structure on Lot 10 shall face west. Mr. Muenich stated that there is a request for a waiver on the sidewalk along Primrose as the Petitioner does not want to be surrounded by sidewalk. Mr. Muenich stated that the geographic image reflects a pedestrian crossing will be provided in the southwest corner at the intersection of Cardinal Court and Primrose on Lot10.

Mr. Muenich stated that all of the changes that were requested at the last meeting were complied with. He stated that all of the improvements are in, and there are no additions or changes to any of the existing improvements. Mr. Muenich informed the Board that the dividing lines between Lots 8 and 9 have been slightly skewed in order for the currently installed utilities to service Lot 9.

Mr. Muenich stated all of the lot lines meet the Town’s standards. Mr. Muenich stated there is a 100 foot building line on Lot 8. Mr. Muenich stated that it appears that the plan has passed Mr. Kraus’s review. Mr. Kraus concurred.

(General discussion ensued.)

Mr. Redar noted on the re-plat reflects the rear yard building line and the no access strip. Mr. Muenich stated that the ordinance requires a rear yard building line. Mr. Kil clarified that a rear yard setback is required. Mr. Muenich stated the rear yard building line would be removed.

(General discussion ensued.)

Mr. Forbes stated he has no issues with the plat itself, but he is not in favor of waiving the sidewalk. Mr. Ryan asked why he did not want the sidewalk. Mr. Muenich stated that the Petitioner does not want to be surrounded by a sidewalk. Petitioner is putting up a very expensive house and he doesn’t want people, in effect, looking through his back yard.

(General discussion ensued.)

Mr. Forbes stated that without the sidewalk pedestrian are going to have to walk in the street. He stated he believed this to be a safety issue. Mr. Muenich stated that the waiver for the sidewalk is just on Primrose Drive. Mr. Forbes stated it’s an unfortunate effect of having a triple-fronted property. Mr. Volk concurred; he believed the sidewalk should be put in.

Mr. Volk opened the floor for public hearing.

PUBLIC HEARING

Peter Kohut, 8833 Monfort Drive
Mr. Kohut stated his residence is just east of Cardinal Cove. He stated he is here representing Wanda and Joe Jacik also, who live east of Cardinal Cove within 300 feet of the subdivision. He stated neither he nor the Jaciks are against combining of the lots so that the lot is large enough to handle the home to be built on it. He stated he wanted to take this opportunity to make the Plan Commission aware of a problem they have been having in Starwood Estates. He stated that there are sidewalks up and down the Starwood Estates subdivision, but to the immediate north of Starwood there is an older subdivision with no sidewalks at all.

Mr. Kohut stated they have no access to any parks in this area. He stated there are parks on the south, southwest and northeast section of Town. He stated there are only a few “pocket parks” near him.

(Mr. Kohut submits pictures to the Board.)

Mr. Kohut asked that the Plan Commission recommend to Mr. Kil and the Town Council to take the 87th Lane which would connect Monfort Drive to Primrose Drive to make a path.

Mr. Volk stated he would like to hear Mr. Kohut’s idea, but for the time being, focus on the item at hand, Lots 8, 9 and 10 in Cardinal Cove. Mr. Volk stated he would give him an opportunity to speak about his idea later.

Mr. Kohut stated the matter is related because Cardinal Cove has cut Starwood off from the park. He asked the Board if the Cardinal Cove could provide Starwood access to the park which is located immediately west of Starwood.

Mr. Forbes stated that when the southern square develops Monfort will continue and there will be a connection. Mr. Kohut stated Monfort Drive was never intended to go through as a thoroughfare. Mr. Kohut stated that he does not oppose Mr. Muenich’s development of the lots. He just wanted to ask if the right of way could be improved even if it’s nothing more than an asphalt path to get from Starwood to the next subdivision. He stated he is referring to 87th Lane.

Mr. Volk assured Mr. Kohut that he would have Mr. Kil look into this matter related to 87th Lane. Mr. Volk asked Mr. Kil to bring a drawing to the next study session.

Mr. Volk called for further public comment. There was no further public comment. Mr. Volk closed the public hearing and brought the matter back before the Board.

There was no further discussion by the Board. Mr. Ryan made a motion to approve the resubdivision of Lots 8, 9 and 10 in Cardinal Cove and not include the waiver for sidewalks. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (6/0).

Mr. Muenich requested that the Board approve the final plat for Lots 8, 9 and 10 at Cardinal Cove and authorize the authorities to execute the same. Mr. Kraus asked if Mr. Muenich had the mylars. Mr. Muenich stated that he can bring the mylar in by Friday.

(General discussion ensued.)

Mr. Forbes made a motion to waive Plan Commission rule regarding the thirty (30) day wait between primary plat approval and final plat approval. Mr. Kozel seconded the motion. The motion was unanimously approved by voice vote (6/0).

Mr. Forbes made a motion to approve final plat for Lots 8, 9 and 10 at Cardinal Cove, contingent upon review and approval of mylars by Mr. Krauss. Mr. Hastings seconded the motion. The motion was unanimously carried by voice vote (6/0).

Mr. Kil informed the Board that there has been a request from a property owner to begin construction on a home. The property owner purchased approximately three acres north of Wall Street on the west side of Patterson. They tore down the existing house. The proposed new home is an approximate 7300 square foot ranch.

The homeowner has encountered a problem in that they need to turn the property into a lot of record. Mr. Kil stated nothing needs to be done to the property other than having it platted. Mr. Kil stated it is currently metes and bounds. Mr. Kil stated that the homeowner would like to start on the earth work and foundation work. Mr. Kil stated he would like to issue a foundation permit only to commence work on the site.

Mr. Forbes asked if the drainage needed to be reviewed.

(General discussion ensued.)

Mr. Kil stated that the existing lot will be taken and turned from metes and bounds to a plat, a two lot subdivision. Attorney Kuiper stated that he and Mr. Kil had conferred on this matter and if the Plan Commission is agreeable they could waive the requirement for the building to be on a subdivided lot and issue a foundation permit only. In the meantime, the property could be platted and will come to the Board for its customary review. Mr. Kuiper stated that since, in this case, it is only one lot and otherwise exceeds all of the Town’s ordinance requirements, he would only recommend it in this case.

Mr. Forbes made a motion to authorize Mr. Kil to issue a foundation permit only for 9120 Patterson. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (6/0).

There was no further discussion by the Board.

OLD BUSINESS:

There was no Old Business.

ADJOURNMENT:

Mr. Volk called for a motion to adjourn the meeting. Mr. Forbes made a motion to adjourn the meeting; Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (6/0).

(The meeting was adjourned at 8:15 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

04-18-2012 Plan Commission

April 18, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Attorney Tim Kuiper
Mike Ryan Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Forbes    

CALL TO ORDER:

Mr. Mike Forbes chaired the study session of April 18, 2012, and called the same to order at 7:00 p.m.

ROLL CALL:

The recording secretary noted the presence of the following Commissioners: Mike Forbes, Tom Redar, Steve Hasting and Steve Kozel. Greg Volk and Tom Ryan were absent. Staff members present: Kenn Kraus. Town Manager, Steve Kil, was absent. The Board’s attorney was not present.

NEW BUSINESS:

B. MEADOWS OF ST. JOHN – REVIEW – DOUG RETTIG, MR. MEYER
Mr. Forbes noted that the agenda had been rearranged by agreement of the parties. The Meadows of St. John was first on the agenda.

Mr. Rettig, Land Technologies, appeared before the Board to review site plans on the Meadows of St. John. Mr. Rettig stated that the Meadows of St. John is located at 85th and Farmington, immediately south of Bingo Lake. He stated that the infrastructure is already in place. Mr. Rettig stated that four lots were planned but Petitioner has decided to add a fifth building. Mr. Rettig stated that Petitionr is requesting a re-plat of what has already been designated as the Meadows of St. John, Phase Two. Mr. Rettig stated sewer and water taps would have to be reworked. He requested that the Board schedule this matter for the next meeting in order that Petitioner may request permission to advertise for public hearing.

(Board examining documents.)

Mr. Forbes asked when this matter was presented. Mr. Rettig stated it was brought in approximately a month ago by Mr. Kil, just a brief review of the project. Mr. Forbes stated that he has not seen the plans before tonight. Mr. Kraus stated that Mr. Kil presented this matter briefly.

(General discussion ensued.)

Mr. Rettig explained to the Board that the site plan reflects the old Tract lines 7, 8, 9 and 10. He noted that the lettered tract lines reflect the original lot lines, and the numbered tract lines reflect the proposed tract lines for the re-plat. He explained that he identified the new configuration with letters in lieu of numbers to make it less confusing.

Mr. Forbes remarked that he recalled that the last time this parcel was platted there were existing homeowners who were adamant in that they wanted the proposed structures to be like and kind to what currently exists there. Mr. Rettig stated that the proposed residences are very nice project. Mr. Rettig stated that Mr. Meyer just completed a similar project in Schererville, north of Route 30 off of Janice Drive called Woody Creek.

Mr. Hastings noted that he did not see sidewalks reflected on the site plan; he asked Petitioner if they planned on putting sidewalk all the way around the project. Mr. Rettig stated that Petitioner would prefer not to. He stated that there are “some sidewalks out there there.” He reiterated Petitioner would prefer not to but that the sidewalks could be discussed at a later date.

(General discussion ensued.)

Mr. Meyer explained to the Board that there is a very small cul de sac located there. He stated that the type of building being proposed will attract middle-aged and older people and not usually people with small children or kids. He stated that the design of the building is more for empty nesters. He stated that there would be no through traffic in this subdivision.

Mr. Kraus asked about the parking spacing. Mr. Rettig explained the parking. He stated there is parking for two cars for each unit and 19 extra parking spaces for visitors.

Mr. Rettig requested that the Board schedule this matter for the next meeting in order that Petitioner may request permission to advertise for public hearing.

A. LAKE CENTRAL PROJECT – PHASE ONE – DICUSSION
Mr. Ledyard presented a Power Point presentation on the Lake Central Project, Phase One, to the Board. Mr. Ledyard stated that this presentation is being shown so that the Board will know what is being presented at the May 2, 2012, meeting.

Mr. Ledyard stated the presentation includes the following information: a site plan, views of the proposed building, logistics plan, and submittal schedule to the Plan Commission. Mr. Ledyard stated that there are several engineers on the Lake Central project. He stated that the engineers have been presenting the project to Mr. Kraus in pieces so that he has the opportunity to review it and is not inundated with all of the information at once.

Mr. Ledyard first presentation was an overview of the site plan. The Phase One project showed the location of the pool, a three-story academic wing and a two-story vocational wing. Going around the building the location of the auditorium, administration offices for the high school, and freshman center main and entry were shown. The gym location was pointed out. Mr. Ledyard stated that the football field will retain the same footprint but be turned ninety degrees. He showed the location of the new varsity baseball field. Mr. Ledyard pointed out the practice field for several sports and also the location of the underground detention tanks.

Mr. Ledyard stated that Mr. Krauss and the civil engineer have been working diligently on the underground detention tanks.

Mr. Ledyard stated that no entrances onto Route 41 will be altered in any way so INDOT would not have to be consulted on the project. Mr. Ledyard pointed out the location of the bus staging where there is room for 60 buses. He pointed out the location of the staff parking and the student/visitor parking lots. He showed the location of the lot where band practice will take place.

Mr. Ledyard also presented an overview what the site will look like from all sides and directions. The representations depicted elevations from various directions. Mr. Ledyard stated that the building will consist of masonry and metal panels with and EPD roof. The screen walled landscaping was also depicted.

Mr. Miller submitted the brick and metal panels for the Board’s review...

(General discussion ensued.)

Mr. Ledyard next presented the logistics plan. Mr. Ledyard stated that this logistics plan has been reviewed with the police and fire departments. Mr. Ledyard stated after meeting with the police and fire departments a few changes were made.

Mr. Ledyard stated that the safety of the students, staff and community members is of paramount importance in this project. He stated that there will be two staging areas. He stated that he is anticipating receipt of a permit for a temporary curb cut from INDOT. He stated a curb cut will be in place for all of the construction traffic. He stated that the construction traffic will be entering and exiting in one spot. He stated no construction traffic will be allowed in the Heron Lake subdivision. Mr. Ledyard stated that there will be “No Lake Central Construction Traffic” signs at the entrances of Heron Lake.

Mr. Ledyard stated that a perimeter road will go all the way around the facility, but slightly altered. He stated that the road was made a little wider after discussions with the Police and Fire chiefs. Mr. Kraus remarked that there will also be a construction traffic sign placed at Ventura Drive to keep construction traffic out of this subdivision.

Mr. Ledyard stated that safety and being good neighbors to residents on the west and the south are of the utmost importance. Mr. Ledyard stated that every subcontractor will receive a copy of the logistics plan.

Mr. Forbes asked if the INDOT permit requested for the construction entrance would be for full access. Mr. Ledyard stated that this entrance would be right in/right out only with signs posted, and the construction entrance is temporary for only the duration of the project.

Mr. Forbes asked if this area would be fenced. Mr. Ledyard stated that all staging areas would be fenced along with all of the Phase One projects being fenced.

Mr. Ledyard discussed a schedule. He stated that last week Mr. Kraus was presented with landscaping, site plan and photometric plans; he stated Mr. Kraus has been reviewing the same. Mr. Ledyard stated that this week Mr. Kraus will be presented with a site plan that includes all the parking, traffic flows and bus flows. Mr. Ledyard stated that on April 26, Mr. Kraus will receive the balance of information including storm sewer and storm sewer calculations, water line, erosion control/SWYPP plan and the demolition plan. Mr. Ledyard expressed his appreciation to Mr. Kraus for working with the civil engineers on an almost daily basis.

Mr. Ledyard stated that he submitted a consolidation plat drawing to Mr. Kil along with sufficient copies of the same for the Board.

Mr. Ledyard stated that Mr. Kraus received a copy of the landscape plan approximately one week ago. He stated that there are over 2000 plantings at the site at the present time. Mr. Kraus remarked that there are three trees included in the landscape plan that are not on the Town’s list. He stated that these trees will be located under NIPSCO high voltage power lines. Mr. Ledyard explained a substation is being installed for the high school and NIPSCO has strict requirements for landscaping located near high voltage lines. Mr. Ledyard stated that NIPSCO’s arborist consulted with Mr. Kraus and the project’s landscape architect to determine what trees would be acceptable plantings near the high voltage lines.

(General discussion ensued.)

Mr. Ledyard stated that he has also submitted the site lighting along with all the statistics on the site lighting and the photometric plan. Mr. Ledyard stated that manufacturer specs for the lighting were also submitted.

Mr. Ledyard stated that an additional 500 parking spaces will be added. He stated that the additional parking will improve the congestion problem at the high school. Mr. Ledyard explained that the bus staging lot will also eliminate the gridlock. Mr. Ledyard stated a student/parent drop-off will be added.

Mr. Ledyard showed the location of the underground detention near the practice field that will service the entire site. He stated that the underground detention will release into a detention basin. He stated that the water loop servicing around the building has been discussed with the Town’s fire chief. Mr. Ledyard stated that there will be an 8” water loop around the entire building, and hydrant locations have been identified.

Mr. Ledyard presented a list of waivers that Petitioner will be requesting. The waivers requested were as follows: roof materials; height of building exceeding 50’ feet, (the auditorium fly space); angled parking with one-way lane access//reduction in maneuvering lane width; reduction of interior tree planting in the parking lot (for security reasons – to maintain clear lines of sight);change in tree species (to meet NIPSCO requirements); no irrigation in area where native plantings will be incorporated; and substituting a five foot height continuous screen wall on the perimeter of the residential area with continuous plantings.

(General discussion ensued)

Mr. Forbes asked if the Petitioner had discussed pedestrian traffic and safety with the police and fire chief related to the football field. Mr. Ledyard stated that these matters have been discussed especially the accessibility of an ambulance.

Mr. Ledyard showed the Board where the trees that NIPSCO required would be located. The Board was shown the location of the substation.

Mr. Ledyard concluded his presentation and stated he would be happy to answer any questions members of the Board may have. Additionally, Mr. Ledyard thanked Steve Kil, Tom Redar and Kenn Kraus for their time and help with this large project.

Mr. Kozel asked about the parking. Mr. Ledyard explained one lot currently in existence is freshman parking. He stated it is used about sixty percent of the year for parking and the other forty percent of the time it is used for band practice. Mr. Ledyard explained that in the future this parking lot would be designated as staff parking.

(General discussion ensued.)

Mr. Redar asked if vehicular traffic going out the back of the school would be cut down once the new traffic patterns are in place. Mr. Ledyard opined that the traffic would be cut down. He stated that the new parking would make drivers more likely to exit onto Route 41.

Mr. Redar asked about the island being placed in the right in/right out entrance. He asked if this island would have a mountable surface for emergency vehicle access. Mr. Ledyard stated that the curb will be a six inch high rolled curb.

The Board had no further questions. Mr. Ledyard thanked the Board for their time.

* * * * *

Mr. Forbes asked the Board if they had any further comments. Mr. Kraus informed the Board that there are two lighting plans, the entire lighting plan and the security light plan.

(General discussion ensued.)

Mr. Redar asked about landscaping. Mr. Kraus stated that most of the landscaping is located on the perimeter, and there are really no depressions for rain gardens.

Mr. Redar asked if curbing would be installed that would direct water in certain direction. Mr. Kraus stated he had discussed flood routing at one of the meetings. He stated that a one hundred year storm event has to be handled on site. He stated that the storm sewers are only rated for a five or ten year storm. Mr. Kraus stated that he has requested information on the routes of the water to ensure that water will be making it to the detention basin.

(General discussion ensued.)

There was no further discussion from the Board.

OLD BUSINESS:

A. CONTINUED REVIEW OF LIGHTING ORDINANCE
Mr. Forbes deferred the continued review of the lighting ordinance.

ADJOURNMENT:

Mr. Forbes adjourned the meeting at 8:00 p.m.

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

05-02-2012 Plan Commission.pdf
05-16-2012 Plan Commission.pdf
06-06-2012 Plan Commission.pdf
06-20-2012 Plan Commission

June 20, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Kozel Steve Kil
Tom Ryan Steve Hastings Kenn Kraus
Tom Redar   Attorney Tim Kuiper
Mike Forbes    

CALL TO ORDER:

Mr. Greg Volk called the St. John Plan Commission’s study session, June 20, 2012, to order at 7:06 p.m.

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Mike Forbes, Steve Kozel and Steve Hastings. Tom Ryan and Tom Redar were absent. Staff members present: Steve Kil and Kenn Kraus. Recording secretary, Susan E. Wright was also present. The Board’s attorney was not present.

NEW BUSINESS:

A. MEADOWS OF ST. JOHN – UNIT TWO – RESUBDIVISION (REVISED) DOUG RETTIG – DENNY MEYER
Mr. Doug Rettig, Land Technologies, appeared before the Board with a revised plan for the Meadows of St. John, Unit Two. The Petitioner, Mr. Denny Meyer was also present.

Mr. Rettig submitted a revised drawing to the Board for their review. He stated that the plan has changed a bit. At the last meeting Petitioner was proposing to erect five buildings. Since that time, Petitioner has eliminated one of the buildings. Mr. Rettig reminded the Board that four buildings were previously approved by the Board.

Mr. Rettig stated that there are four proposed tracts, tracts 7, 8, 9 and 10. He stated that Petitioner has adjusted the lot lines to accommodate the building size. Mr. Rettig stated one building has been removed and Petitioner is now proposing four four unit buildings in lieu of five four unit buildings. This is a decrease from a proposed 20 units to 16 proposed units. He stated that this proposal lessens the density as was discussed at the last meeting. He stated that he has also separated the driveways so the driveways will not be close together or touching.

Mr. Volk asked if the style of the proposed buildings has been changed. Mr. Rettig explained that the garages will not be in front of the buildings as reflected on the current plan. Mr. Rettig also explained the encroachment of the patios of four existing landowners. He stated, at the present time, four patios are over the building line. He stated that Petitioner is willing to grant residents whose patios are over the building line an additional 15’ to clean up the lot lines. He stated that this would be accomplished with the resubdivision.

(General discussion ensued.)

Mr. Meyer stated that there will be only four buildings. Mr. Hastings stated it would be nice to have sidewalks, and that the Petitioner should finish the sidewalks as the ordinance states that sidewalks are required. Mr. Meyer stated he did not believe that sidewalks were necessary. He stated that the existing building has the only sidewalk. Mr. Forbes asked if there would sidewalks on the interior circle. Mr. Rettig stated that Petitioner would prefer not to install sidewalks. Mr. Forbes stated he is not in favor of waiving the sidewalks.

The private street was discussed and the fact that the Homeowners Association would be responsible for maintaining this private street. Mr. Kil noted that the private street would have to be plowed during the winter by the Petitioner. Vacating the existing street and making it a right of way was discussed. Mr. Kil stated an out lot could be platted and dedicated to the Town with a description on the plat to explain what it is.

(General discussion ensued.)

Mr. Rettig stated that there may be a water service issue during construction as the road may have to be torn up. He stated, by law, the buildings must be sprinkled. Mr. Meyer stated that there will be two water meters per building, one for the water to the units and one for the sprinkling. Mr. Forbes questioned if four units could be served off of one meter. Mr. Meyer stated that four units can be served by one meter. He stated that the Homeowners Association pays the water bills for the units. Mr. Forbes stated he had never heard of four units being serviced by one meter.

(General discussion ensued.)

Mr. Kil stated that the existing sidewalk needs to be cleaned up because at the present time the sidewalk is on private property. He stated that public sidewalks should not be located on private property. He stated that the sidewalks should be located in a public right of way. Mr. Kil recommended moving the lines and dedicating a right of way to the Town where the sidewalk is located.

(Mr. Kil draws on plan.)

Mr. Rettig stated he will review the dedication. Mr. Kil stated notes could be included on the plat for a dedicated utility/drainage easement.

(General discussion ensued.)

Mr. Kozel asked if there was a sufficient setback. Mr. Forbes noted that this development is a PUD and there is more flexibility with a PUD. Mr. Rettig stated that there is a 20’ setback on the existing unit. Mr. Kil noted that the proposed buildings will have bigger back yards. The proposed setback is 15-25’.

Mr. Meyer stated that the rest of the property will be fenced, the north and west property lines along 85th and Kolling.

Mr. Hastings thanked the Petitioner for making changes to the plan. He stated that the plan now being proposed is much neater and cleaner looking with more room in the back.

Mr. Rettig asked the Board for permission to advertise for public hearing. Mr. Kil informed the Board that they would have to move the next regular meeting From July 4th, 2012 to July 11, 2012.

Mr. Meyer asked the Board if the dumpster enclosure could be waived at Lake Central Plaza since it was not visible from the street. Mr. Forbes recommended that Mr. Meyer bring in pictures of the dumpster for the Board’s review on July 11, 2012. An appeal is being filled out for waiver of the dumpster enclosure. Mr. Volk stated that the dumpster will be looked at before the July 11, 2012, meeting.

OLD BUSINESS:

Mr. Kil stated that 50 letters were sent out regarding the dumpsters. He stated he has not had too many calls on the dumpsters by those who have been sent notices. He stated that St. John Evangelist has three dumpsters and is requesting waivers on two of them. Mr. Kil informed the Board that there will be Petitioners seeking waivers on dumpster enclosures on the July 11, 2012 agenda.

(General discussion ensued.)

Mr. Volk remarked that there would probably be more since it has been one and one half years. Mr. Volk also requested that the members of the Board bring their materials on the Dark Skies ordinance to the next study session. Mr. Volk stated that Mr. Kil would be able to provide Mr. Kraus with all of the information and documents regarding the Dark Skies ordinance.

BUSINESS FROM THE FLOOR:

There was no business from the floor.

ADJOURNMENT:

Mr. Volk called the meeting adjourned.

(The meeting was adjourned at 7:55 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY
ST. JOHN PLAN COMMISSION

07-11-2012 Plan Commission

July 11, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Attorney Tim Kuiper
Mike Ryan Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Forbes    

CALL TO ORDER:

Mr. Greg Volk called the St. John Plan Commission’s regular meeting of July 11, 2012, to order at 7:03 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Mike Forbes, Tom Redar, Tom Ryan and Steve Hastings. Steve Kozel was absent. Staff members present: Steve Kil and Kenn Kraus. Attorney Kuiper was present. Recording secretary, Susan E. Wright was also present.

(The Pledge of Allegiance was said.)

APPROVAL OF MINUTES: JUNE 6, 2012:

Mr. Volk stated that the minutes of June 6, 2012, meeting would be deferred. Mr. Forbes made a motion to defer approval/disapproval of the minutes of June 6, 2012; Mr. Hastings seconded the motion. The motion was unanimously carried by voice vote (5/0)

NEW BUSINESS:

A. MEADOWS OF ST. JOHN – CONTINUED PUBLIC HEARING - UNIT TWO – PRIMARY APPROVAL – DENNIS MEYERS
Dennis Meyers, Meyers Development, appeared before the Board seeking resubdivision of Tracts 7, 8, 9 and 10 on Beacon Court in the Meadows of St. John, Unit Two. He stated that the drawing submitted to the Board tonight was the same drawing that was reviewed at the last meeting with the changes recommended by the Board at that time.

Mr. Kraus stated that he had reviewed the site plan and all of the recommended changes had been made; he stated he would draft a letter for the file within the next few days. Mr. Volk noted that since the sidewalk is being installed the Town will be plowing and maintaining the street. Mr. Kil concurred that the street would be dedicated.

Mr. Tom Redar asked if the curb and sidewalk were ADA compliant. Mr. Kraus stated that the driveway can be used as a ramp. Mr. Redar asked if the curb should be depressed where it meets the sidewalk. Mr. Meyers concurred that a part of the curb near the sidewalk would be made ADA compliant.

(General discussion ensued.)

Mr. Kil stated that Out lot B where the sidewalk intersects with the curb has to be handicap accessible. Mr. Kil also asked if Out lot B was going to be deeded to Tract 4.

(General discussion ensued.)

Mr. Kil stated he wanted to make certain that the patios are straightened out. He stated the final plat should reflect that Out lot B is deeded to Tract 4. Mr. Kil explained that the final plat should reflect the right of way line would be moved to take care of the patio lot lines once and for all.

(General discussion ensued.)

Mr. Volk asked if a fence would be placed along Kolling Road. Mr. Meyers stated that a fence would be placed on 85th and all of the way down Kolling Road, but not in the back.

Mr. Kil stated that the only discrepancy he saw was the right of way as it follows along Out lot B. He stated that there cannot be a patio in front of a right of way. He stated that the line on the site plan needs to follow the back of the sidewalk. Mr. Kil stated that this is a final plat issue. Mr. Kraus noted that there are a couple of steps and where it is higher than 31” tall a rail would be needed. Mr. Meyers concurred. He stated that there would be a decorative fence/split rail with shrubs and bushes.

Mr. Kil stated that the final plat should reflect Out lot A would be dedicated to the Homeowners Association; Out lot B dedicated to Tract 4; Out lot C dedicated to Tract 5, and Out lot D (sidewalk) be dedicated to the Town. He stated that he wanted to clarify possession of the out lots so as to avoid confusion as to who is responsible for each out lot. Mr. Meyers concurred and stated that the out lots would be noted as aforementioned on the final plat. He stated if Mr. Rettig had any questions he would contact Mr. Kil.

(General discussion ensued.)

Attorney Kuiper stated that all of the notices and publications were in order for the public hearing. Mr. Volk opened the floor for public comment.

PUBLIC HEARING

Pam Star, 10937 Beacon Court
Ms. Star stated she lives in one of the original 14 townhomes in the Meadows of St. John. She stated she has several concerns with the proposed condominiums. She stated that when she first moved to St. John her realtor told her that St. John has a “no apartment” clause.

Ms. Star stated currently there is one building in the Meadows containing four units and only one is sold, the rest are being rented. Mr. Star stated it appears to her that the proposed 16 units would be rented out. She noted that the proposed condominiums are not comparable to the original townhomes in square feet or price.

Ms. Star stated that Farmington is a private street owned by the Homeowners Association and they would have to share Farmington Street with the rest of the units. She stated that Farmington was recently repaved.

Ms. Star asked how there could be a Homeowners Association with brand new buildings and buildings that were built in the 1990s. She stated that the needs of the buildings would be totally different for the old section and the new section.

Mr. Volk stated he would try and address these concerns at the conclusion of the public hearing.

Winfred Martin, 8612 Farmington Street – Mr. Martin thanked the Board for straightening out the property in the back. He also thanked Mr. Meyers. He stated that Mr. Meyers came to the residents and showed them the plans for the proposed condominiums.

Mr. Martin stated he has looked at the properties that Mr. Meyers has built and found them to be very nice properties. He stated he believes the new condos will be a positive for the Meadows of St. John. Mr. Martin stated the project is a win-win situation all of the way around; he stated that the ugly field behind him will be eliminated and new properties will be placed on the tax rolls.

Sharon Robinson, 11006 Beacon Court – Ms. Robinson stated this is the first meeting that she has been noticed for and also the first meeting she has attended. Ms. Robinson asked if she could examine the plans.

Ms. Robinson wanted to know how the Homeowner’s Association would work after the new condominiums are built. She asked if the street would remain private or become public.

Mr. Forbes stated that the circle street would be dedicated to the Town.

(General discussion ensued.)

Mr. Volk suggested that Ms. Robinson review the plan with Mr. Meyers.

Mr. Volk called for additional public comment. There was no further public comment. Mr. Volk closed the public hearing and brought the matter back before the Board.

Mr. Volk addressed the concerns about rental units.

Mr. Meyers stated that he met with Meadows of St. John residents a few weeks ago. He stated he and the residents discussed whether or not one Homeowners Association should be formed. He stated, in his judgment, it would be a good thing to form one association. He stated it would be in every resident’s best interest to have one Homeowners Association. He stated that he would like to have another meeting with the residents to discuss this matter.

Mr. Kil stated that the by-laws would have to be reviewed by the residents. He stated they would have to determine whether or not they would want to merge into one Homeowners Association. Mr. Meyers concurred and stated this was a matter that would have to be handled by a lawyer.

Mr. Meyers stated that all of the proposed condominiums would be for sale. He stated that if the units can’t be sold he will rent them out. He stated these would be high rental units, $1400-$1500 monthly. He stated that a developer cannot put up a project and let units sit vacant. Mr. Meyers stated he hoped to be able the sell the units quickly.

Mr. Kil stated he understands the residents concern over rental units. He explained that when a unit is sold the owner can rent it out if they wish. He stated that the Town has no control over housing once it is sold. He stated that typically, the Town does not build apartment buildings and most residences are owner occupied. He reiterated that the Town has no control over a residence once it is owned by a private party. Mr. Meyers stated that the proposed units are not apartments.

An audience member stated that that the street she is on are privately owned and the proposed condominium s would have public streets. She stated that the Town would plow their streets but not the private street. She stated it doesn’t seem fair. Mr. Kil stated that when the Town plow comes to Beacon Court he stated he doesn’t believe they will only plow a portion of Beacon.

Mr. Kil stated that it was the decision of the Plan Commission to have a publicly dedicated street because they want a sidewalk. Audience member asked if Beacon Court would be owned by the Town also. Mr. Kil stated Beacon Court would still be private. He stated the only part that would be public is the new Beacon Court.

Ilene Sage 10944 Beacon Court – Ms. Sage stated that Farmington is a privately owned street. She stated that Farmington was recently paved at the expense of the Homeowners Association. She asked what recourse the residents would have if their private road was torn up during construction.

Mr. Kil stated that this was a valid point. Mr. Meyers concurred that this could be an issue. Mr. Kil asked if the entire Beacon Court could be dedicated.

(General discussion ensued.)

Mr. Kil stated that a temporary construction entrance off of 85th could be installed. Mr. Kil stated that concerns for Farmington Road could be eliminated if there was a separate construction exit. He explained that the temporary entrance would come off of 85th and go across Tract 7, or a route could be figured out in the field.

There was no further discussion from the Board. Mr. Volk stated that he would entertain a motion for approval/disapproval of primary plat approval for the Meadows of St. John, Unit Two.

Mr. Forbes made a motion to approve the Meadows of St. John, Phase Two, for primary plat, and incorporated the findings of fact by reference. Mr. Tom Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. LAKE CENTRAL HIGH SCHOOL – ONE LOT SUBDIVISION FINAL PLAT APPROVAL

Mr. Volk asked Mr. Kenn Kraus to update the Board on his review of the Lake Central High School site plan. Mr. Kraus informed the Board that he had submitted a letter dated July 3, 2012, to the Board and the plat review was acceptable, all of the fees have been paid and he believes the project is ready to be signed off on by the Board. Mr. Volk stated he was in receipt of the mylars.

Mr. Bill Ledyard appeared before the Board seeking final plat approval for Lake Central High School, a one lot subdivision.

Mr. Volk asked the Board if they had any questions. Not hearing any questions, Mr. Volk stated he would entertain a motion.

Mr. Forbes made a motion to approve final plat for Lake Central High School, a one lot subdivision and incorporated the findings of fact, by reference. Mr. Tom Redar seconded the motion. The motion was unanimously passed by voice vote (5/0).

Mr. Forbes made a motion to waive the requirement for a letter of credit for the Lake Central High School, one lot subdivision.

Attorney Kuiper, for the record, noted that the only reason the letter of credit was being waived in this situation was due to the limited amount of public improvements, and also the items are required to be in place prior to occupancy. He stated that this is a unique situation that does not typically present itself. Mr. Forbes noted that Lake Central High School will not receive their occupancy permit until the improvements are in.

Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Ledyard thanked Steve Kil, Kenn Krauss and the members of the Plan Commission.

C. St. JOHN ANIMAL CLINIC – DUMPSTER ENCLOSURE WAIVER REQUEST

Lisa Preston, primary owner of St. John Animal Clinic, appeared before the Board seeking a dumpster enclosure waiver. She stated that the dumpster is 250’ from the road. She stated that it is parked in front of every day except Wednesday mornings which is trash pick-up day.

Ms. Preston stated that 12 years ago the building was remodeled and a trash enclosure installed. She stated that the garbage company alleges they cannot get the garbage truck into the parking lot to pick up the garbage from this location.

Ms. Preston presented pictures to the Board.

(General discussion ensued.)

Mr. Ryan asked why it wasn’t enclosed. Ms. Preston stated that there were two reasons, one, it was already an existing facility, and two, the dumpster is not really seen from the road. She stated it would be an added expense and she is trying not to add expenses to the business at the present time.

Mr. Volk noted that the dumpster is sitting on a concrete pad. Ms. Preston explained that there had been a concrete pad on the asphalt and the garbage trucks kept ruining the asphalt so another concrete pad had to be installed. Mr. Volk asked if the main reason for not putting up an enclosure was the cost. Ms. Preston concurred that avoiding additional expenses was the primary reason for not putting up an enclosure.

Mr. Volk noted that the dumpster is set quite far back from Route 41 but it could still be seen. He state that the dumpster can also be seen from Kolling Road and the new Lake Central High School will be facing her business. Ms. Preston stated the dumpster cannot be seen from behind because of the tree line.

(General discussion ensued.)

Mr. Forbes stated he has a problem with this dumpster location. He remarked that the dumpster can be seen from behind the bank. He stated that the dumpster looks to be out in the middle of everything until you are directly behind it. Mr. Forbes remarked he can see the dumpster from Route 41, from Kolling and Bingo.

Ms. Preston stated that the dumpster is far back from the road. She asked what the purpose of the ordinance was. Mr. Volk stated that for any corridor in Town, including the Route 41 Corridor, the Town is attempting to conceal dumpsters so that they cannot be seen at all for aesthetic reasons. He stated that garbage would be contained by the enclosure on windy days.

(General discussion ensued.)

Ms. Preston asked about existing facilities receiving a waiver for the dumpster enclosure. Mr. Volk noted that a dumpster enclosure waiver can be sought but it is not automatically granted. He stated that each case is reviewed individually.

Ms. Preston asked if the dumpster enclosure had to be of the same material as the building. Mr. Volk informed her that this requirement had been changed.

Mr. Forbes stated that the enclosure that she has now can be used; he stated it does not have to match the building. Mr. Volk stated that she could move the dumpster enclosure that she had installed when she did her remodeling 12 years ago.

Mr. Forbes stated if she moved her current enclosure she would probably be looking at purchasing six new posts. Mr. Volk stated that the new ordinance gives two options, one, the dumpster does not have to match the building, different types of material can be used; and two, the opportunity to come before the Board and request a waiver.

The Board members stated that it looked like she could just relocate her current dumpster enclosure. Mr. Forbes stated putting up a cyclone fence with slates would be a drastic price reduction as opposed to what the previous ordinance required.

Mr. Ryan asked if Petitioner if she had ever asked the driver to from the waste hauling company to get out of the truck and wheel the dumpster over to the truck. She stated she was told this could not be done by the waste hauler. Mr. Forbes noted that the dumpster at the clinic does not have wheels.

(General discussion ensued.)

Mr. Ryan stated he is not inclined to grant the waiver. Attorney Kuiper stated that it would still be considered a waiver from the building requirements if Ms. Preston had the existing dumpster enclosure moved to the new location. He stated that the purposes of the ordinance would be met.

Mr. Forbes made a motion to grant the waiver on the material requirements for the dumpster enclosure at St. John Animal Clinic; Mr. Hastings seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes explained to Ms. Preston that in the event the dumpster has to stay at its existing location all she would have to do is build a cyclone fence with slats, but if she is able to move the dumpster back into the existing enclosure she would have nothing to worry about.

Ms. Preston thanked the Board.

D. VFW POST 717 – DUMPSTER ENCLOSURE WAIVER REQUEST
Gene Kijanowski, VFW State Commander, appeared before the Board on behalf of VFW Post 717, seeking a waiver for the dumpster enclosure. Mr. Kijanowski submitted pictures of the dumpster location to the Board for their review.

Mr. Kijanowski stated that the dumpster cannot be seen from 93rd Avenue. He stated that one of the reasons the dumpster is not located in the back is because the garbage trucks tear up the black top parking lot.

Mr. Kijanowski stated that the VFW is a not-for-profit organization that runs on a shoe string budget. He stated most of the money made by the VFW is given back to the community.

Mr. Kijanowski stated that there are neighbors located in the back of the VFW. He stated that this leaves the Post with very few places to locate the dumpster. He stated that he tries to be a good neighbor, and in turn, the neighbors are good to the VFW. He stated out of consideration to the neighbors in the back, he does not want to move the dumpster to the back because it would be too close to the neighbors’ yards.

Mr. Kijanowski stated that the dumpster sits on the side of the building where it can’t be seen if you are going east or west on 93rd Avenue. He stated maybe only a part of it can be seen from the curve on 93rd Avenue.

Mr. Kijanowski also cited the costs of putting up a dumpster enclosure. He reiterated that the VFW runs on a shoestring budget, and that is the reason he is asking for a waiver for the construction of a dumpster enclosure.

(General discussion ensued.)

Mr. Redar asked how close the dumpster was in relation to the building. Mr. Kijanowski stated it is approximately one foot from the building. Mr. Redar stated that he might want to think about moving the dumpster further away from the building in case of a fire.

Mr. Volk stated from where the dumpster is sitting now, it can be seen from 93rd Avenue. Mr. Forbes asked that this matter be tabled until the August 1, 2012, meeting; he stated he would like to go back out and look at the VFW and behind the building again.

Mr. Ryan asked if there was any problems with the neighbors. Mr. Kijanowski stated he has good neighbors, no problems. He stated he helps the neighbors out and they help the VFW out.

Mr. Forbes made a motion to defer the dumpster enclosure waiver request for the VFW Post 717; Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

Attorney Kuiper noted that the next regular meeting was scheduled for August 1, 2012, at 7:00 p.m.

E. ROSE GARDEN – REQUEST EXTENSION FOR FINAL PLAT APPROVAL
Mr. Volk noted that Petitioner, Mr. Kaminski ,was not present. He stated a letter dated June 6, 2012, was received by the Board. He stated primary plat approval was granted in 2007. Mr. Volk noted that on April 18, 2008, and also in the years 2009, 2010, 2011 Petitioner asked for an extension of final plat approval for Rose Garden which was granted by the Board. He stated that the current request is for a one year extension for 2012.

Mr. Forbes made a motion to grant a 12 month extension for the final plat approval for Rose Garden. Attorney Kuiper noted that the 12 month extension would be granted with the same contingencies that were laid out with the original final plat approval. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0).

OLD BUSINESS:

Mr. Volk noted that he received two e-mails from residents on the south side of Lake Central High School asking about the access gates. Mr. Volk stated he informed the residents that this was a policy issue that should be taken up with the school Board.

BUSINESS FROM THE FLOOR:

Mr. Fred Bar appeared before the Board to voice a complaint. Mr. Bar stated that He has been a business owner , off and on, in St. John for 20 years and has lived in Town for 25 years. He stated he has a major problem. Mr. Bar stated he may have to hire an attorney to resolve this problem at this point.

Mr. Bar stated his problem is with John Eenigenburg and the Town. He stated that the Board is probably familiar with his situation. He said he has several grievances for “what’s going on over there.” He has “no idea what’s going on over there. “ He stated he wants it corrected immediately.

Mr. Volk stated that Board has some ideas of what’s going on but no formal complaints have been filed. Mr. Kil stated everything is going to be platted. Mr. Bar asked “when?” He demanded the platting be done right now.

Attorney Kuiper stated things would get done when a permit was applied for. Mr. Bar stated that he’s gone through all of this before. Attorney Kuiper, speaking as the attorney for the Plan Commission and the Town, stated that once an application is filed for subdivision approval the Town can file procedures and Mr. Bar will be notified as an adjacent property owner within 300 feet.

Mr. Bar stated he wants something done tomorrow. He stated he is going to get an attorney because he has weed problems, signage problems and street problems. He stated that he has invested $150,000 into the subdivision. He stated he has been patient for a long time.

Mr. Bar requested a street sign be put up. He stated there used to be a street sign but it’s gone and he would like the street sign replaced. He stated there is an old sign up that has been up for five years. He asked that the sign be taken down or painted over. Mr. Bar stated that he has weeds surrounding him and Russell Case’s Winnebago in front of him. He stated that the Winnebago must go. He stated he has clients coming back to his business laughing at him.

Mr. Bar asked what John Eenigenburg is doing. He stated he has half of his building torn down. Mr. Kil stated that he’s working on the property. Mr. Kil stated he talked to Mr. Eenigenburg’s attorney on the telephone today for an hour. He stated he finally impressed the need for business to get done on Mr. Eenigenburg’s attorney. He stated that the attorney is now going to push John Eenigenburg along. Mr. Kil stated he needs to move quick.

Mr. Bar stated that he has tried to sell his property for some time and he cannot even sell it for $30,000. He stated it is unsellable. Mr. Bar stated that he is caught between a rock and a hard place.

(General discussion ensued.)

Mr. Bar stated he has his woodworking shop set up. He stated he wants the business in front of him cleaned up and he is not waiting another six months. Mr. Bar stated he wants three things, one, a street sign, two, the paint shop sign taken down; and, three, the weeds cut down.

Mr. Kil stated that the sign would come down when Mr. Eenigenburg applied for a permit. Attorney Kuiper stated that the sign was not on Town property and was not a Town issue. Mr. Kil stated that the Town cannot force Mr. Eenigenburg go do anything.

Attorney Kuiper told Mr. Bar he is trying to answer the questions that he can answer. He stated that the street sign can be put up and the weeds can be dealt with. Mr. Kil told Mr. Bar he is going to have to be patient and wait for the property to be replatted, the pole barn to be torn down and then things will move along and be taken care of.

(General discussion ensued.)

ADJOURNMENT:

Mr. Volk called the meeting adjourned.

(The meeting was adjourned at 8:30 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY

07-18-2012 Plan Commission Meeting Canceled
08-01-2012 Plan Commission

August 1, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Kozel Steve Kil
Tom Ryan Steve Hastings Kenn Kraus
Tom Redar   Attorney Tim Kuiper
Mike Forbes    

CALL TO ORDER:

Mr. Tom Ryan chaired the Plan Commission’s regular meeting of August 1, 2012, and called the same to order at 7:05 p.m.

ROLL CALL:

Roll call was taken with the following Commissioners present: Tom Ryan, Tom Redar, Michael Forbes and Steve Kozel. Greg Volk and Steve Hastings were absent. Staff members present: Steve Kil and Kenn Kraus. Attorney Tim Kuiper was also present. Recording secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: JULY 11, 2012

Mr. Ryan stated he would entertain a motion on the minutes of July 11, 2012. Mr. Forbes made a motion to approve the minutes of July 11, 2012 as circulated; Mr. Kozel seconded the motion. Mr. Ryan requested a roll call vote. Mike Forbes – yes. Steve Kozel – yes. Tom Redar – yes. Tom Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

NEW BUSINESS:

A. MEADOWS OF ST. JOHN – PHASE TWO - FINAL PLAT APPROVAL
Mr. Dennis Meyers, Meyers Premier Properties, appeared before the Board seeking final plat approval for the Meadows of St. John, Phase Two. Mr. Meyers submitted site plans to the Board for their review.

Mr. Ryan asked if there had been any changes made to the plan. Mr. Meyers stated that the name of the project was changed from Meyers Development to Meadow View Condos, LLC, and since there were two Lot “A”s one Lot “A” was changed to Lot “E” to eliminate any confusion.

Mr. Ryan asked Mr. Meyer if Lot “E” was considered parking. Mr. Meyer concurred that Lot “E” was considered parking. He stated there were no other changes to the site plan.

Mr. Ryan asked if any of the other Board members had any additional questions. Mr. Forbes stated he was looking at two letters from Mr. Kenn Kraus, one dated July 27, 2012, and the other dated July 31, 2012. Mr. Kraus noted that the Board should have a letter dated August 1, 2012, with two items that were changed, out lot A was Changed to out lot E, and the name of the development was changed to Meadow View Condos, LLC, and the letter of credit was calculated in the amount of $40,476.39. Mr. Kraus concurred. Mr. Kraus stated that the original letter of credit expired in February of this year. He stated with the additional information he gathered, he recalculated the letter of credit.

(General discussion ensued.)

Mr. Forbes noted that the letter of credit had not been received yet. He stated that final plat approval, if granted, would be contingent upon receipt of the letter of credit in the amount of $40,476.39. Mr. Kil stated typically signatures are withheld on the mylars until the letter of credit is received. Mr. Meyers stated that the Town would have the letter of credit by Monday along with the mylars.

Mr. Kraus stated that the only thing not listed on the plat is the owners of the out lots. He stated that the out lots could be conveyed by fee simple deeds after the plat is recorded. Mr. Kraus stated that the certifying surveyor was reluctant to place this language on the plat, and said the out lots could be conveyed by fee simple deeds. Mr. Kil stated he would like to review the out lots so everything is clarified related to the out lots.

Attorney Kuiper stated that typically only the public dedications are seen on a plat instrument, and the out lots can be done via a deed conveyance. Attorney Kuiper stated the plat should be recorded and the out lots conveyed back to back so there is no confusion.

Mr. Kil stated he has no objection to the out lots being conveyed by deed as long as it is clear that Out lot E will be deeded to the Homeowners Association for the resubdivision of the Meadows, Out lot D will be deeded the Town of St. John, Out lot C will be deeded to Tract 5 and Out lot B will deeded to Lot 4. Mr. Meyer stated he would follow whatever recommendations the Board gave him. Mr. Kil stated that the aforementioned information should be reflected in the findings of fact.

(General discussion ensued.)

Mr. Ryan requested a motion on the Meadow View Condos, LLC. Mr. Forbes made a motion to grant final plat approval for Meadow View Condos, LLC, with the findings of fact incorporated by reference, and the contingencies that the mylars will be signed upon receipt of the letter of credit, and the out lots be recorded appropriately as follows: Out lot B, deeded to Tract 4, Out lot C deeded to Tract 5; out lot D deeded to the Town of St. John, and out lot E deeded to the Homeowner’s Association of the Meadows of St. John. Mr. Kozel seconded the motion. Mr. Ryan requested a roll call vote. Mr. Kozel – yes. Mr. Forbes – yes. Mr. Redar – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

Mr. Forbes made a motion to send a favorable recommendation to the Town Council for the letter of credit in the amount of $40,476.39 for the Meadows of St. John, Phase 2. Mr. Kozel seconded the motion. Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Kozel – yes. Mr. Redar – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

B. LAKE CENTRAL PLAZA – DUMPSTER ENCLOSURE WAIVER REQUEST
Mr. Denny Meyers appeared before the Board on behalf of Lake Central Plaza, seeking a dumpster enclosure waiver. Mr. Meyers submitted pictures to the Board for their perusal. He stated that all of the dumpsters are in the rear of the building and the complex is surrounded by a fence. He stated he does not believe you can see the dumpsters unless you drive around the back of the building. He stated dumpsters are not exposed to the neighbors or the street.

Mr. Ryan stated it appears one of the dumpsters is hidden by trees and bushes. Mr. Meyers explained that this dumpster was located way in the rear of the building.

(General discussion ensued.)

Mr. Kil remarked that he has been in Golden Pond and in the Lake Central Plaza hundreds of times and has yet to see a dumpster. Mr. Ryan showed Mr. Meyers an excerpt from the Town’s Fire Code.

Mr. Forbs noted that most of the dumpsters are hidden from Route 41 by the building itself with the exclusion of the Blue 82 side of the development. He stated these dumpsters can be seen from Route 41.

(General discussion ensued.)

Mr. Meyers stated that he believed this to be a grease trap. He stated they would put up another section of fence similar to the fencing that is already up. Mrs. Meyers stated if another section of fence section is put up in front of the grease trap nothing will be able to be seen at all. Mr. Meyers stated he would do whatever the Board recommended they do.

Mr. Forbes made a motion (pursuant to the aforementioned discussion) to waive the dumpster enclosure for Lake Central Plaza with the condition that one section of fence be erected on the north end of the development (Blue 82), and possibly add another section of fence later on if the Board deems it necessary. Mr. Kozel seconded the motion. Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Kozel – yes. Mr. Redar – yes. Mr. Ryan – yes. The motion was unanimously carried by voice vote (4/0).

C. VFW POST 717 – DUMPSTER ENCLOSURE WAIVER REQUEST
Gene Kijanowski and Larry Blankman appeared before the Board on behalf of VFW Post 717, requesting a dumpster waiver. Mr. Ryan showed Mr. Kijanowski an excerpt from the Town’s Fire Code.

Mr. Forbes noted that some concern had been voiced about the close proximity of the dumpster to the building. Mr. Kijanowski stated that he had conferred with a retired St. John fire fighter(and a member of the VFW house committee) who recommend some changes. He stated that the dumpster was moved out , and a line will be painted for the placement of the dumpster.

(General discussion ensued.)

Mr. Ryan asked if there were future plans for a concrete pad. Mr. Kijanowski stated this would have to be worked into their future plans. He stated a fund raiser would have to be held to raise the funds for a concrete pad. He stated he would bring this matter up at the next meeting.

Mr. Blankman stated they would much rather install a pad than put up a fence. He stated that a fence would hamper the VFW drastically.

(General discussion ensued.)

Mr. Forbes stated in this instance the Board is in a tight spot. He stated that the dumpster can’t be moved because it would be too close to the neighbors. He stated this is a unique circumstance. He stated that the fire hazard has been addressed. Mr. Kijanowski stated that his neighbors don’t have any objections, and the VFW tries to keep their neighbors satisfied.

Mr. Kil stated he concurred with Mr. Forbes in that the dumpster placement is as good as it is going to get. Mr. Forbes reiterated that it is a unique situation regarding the VFW’s surroundings. Mr. Ryan asked the Petitioner to work on the concrete pad.

Mr. Ryan stated he would entertain a motion. Mr. Forbes made a motion to grant a dumpster waiver request for VFW Post 717, per the Board’s discussion. Mr. Redar seconded the motion. Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Redar – yes. Mr. Kozel – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

Mr. Kijanowski thanked the Board for their consideration.

D. SILVER LEAF SUBDIVISION – PHASE ONE – TWO YEAR MAINTENANCE BOND IN THE AMOUNT OF $576,631.94
Mr. Kil stated that currently Silver leaf, Phase One, has a performance bond. He stated that 98% of the work has been done. He stated that the proposed maintenance bond is more than adequate to take care of any work that needs to be performed in Silver Creek.

Mr. Ryan stated he would entertain a motion on the two year maintenance bond. Mr. Forbes made a motion to send a favorable recommendation to the Town Council for a two year maintenance bond for Silver Leaf, Phase One, in the amount of $576,631.94. Mr. Ryan seconded the motion. Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Redar – yes. Mr. Kozel – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

E. SILVER LEAF SUBDIVISION – PHASE TWO LETTER OF CREDIT REDUCTION TO $1,015,963.33
Mr. Ryan moved to the next item, Silver Leaf Subdivision, Phase Two, a letter of credit reduction. Mr. Kil stated that this calculation was done by Mr. Peter Faberbock, and is more than adequate to cover any remaining work.

Mr. Forbes made a motion to send a favorable recommendation to the Town Council for a letter of credit reduction in the amount of $1,015,963.33 for Silver Leaf Subdivision, Phase Two. Mr. Redar seconded the motion. Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Redar – yes. Mr. Kozel – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

F. SADDLE CREEK SUBDIVISION – PHASE ONE – TWO YEAR MAINTENANCE BOND IN THE AMOUNT OF $285,124.07
Attorney Kuiper stated that the two year maintenance bond would be in lieu of the performance bond for Saddle Creek Subdivision. Mr. Ryan asked if the maintenance bond was in an adequate amount. Mr. Kil stated that the amount was more than adequate.

Mr. Ryan stated he would entertain a motion. Mr. Forbes made a motion to forward a favorable recommendation to the Town Council for a two year maintenance bond in the amount of $285,124.07 for Saddle Creek Subdivision, Phase One

Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Redar – yes. Mr. Kozel – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

G. SADDLE CREEK SUBDIVISION – PHASE TWO – LETTER OF CREDIT REDUCTION TO $527,161.53
Attorney Kuiper stated this was merely a letter of credit reduction for Saddle Creek, Phase Two. Mr. Kil stated the amount of the letter of credit calculated is more than enough to cover work to be done.

Mr. Ryan requested a motion for Saddle Creek Subdivision. Mr. Forbes made a motion to send a favorable recommendation to the Town Council for a letter of credit reduction in the amount of $527,161.53 for Saddle Creek, Phase Two.

Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Redar – yes. Mr. Kozel – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

H. WALGREEN’S – ROUTE 231 AND U.S. 41 – EXTEND SITE PLAN APPROVAL FOR ONE YEAR
Mr. Ryan asked Mr. Kil for information on Walgreen’s request for a one year site plan extension. Mr. Kil stated that Walgreens has no plans to build just yet and they are seeking another extension of site plan approval.

Mr. Redar stated that there were some erosion problems but they were addressed. Mr. Kil concurred. He stated that the property looks perfect now and is maintained. He stated that they can remove the silt fence now. Mr. Kil stated he would get in touch with the Walgreen’s representative.

Mr. Ryan asked about reconfiguration of the intersection. Mr. Kil stated that INDOT does have plans to rebuild the 231/41 intersection. However, there are no plans to meet with INDOT until October.

Mr. Forbes made a motion to approve the one year extension of site plan approval for Walgreen’s at the intersections of Route 41 and Route 231. Mr. Kozel seconded the motion.

Mr. Ryan requested a roll call vote. Mr. Forbes – yes. Mr. Redar – yes. Mr. Kozel – yes. Mr. Ryan – yes. The motion was unanimously carried by roll call vote (4/0).

OLD BUSINESS:

There was no Old Business.

BUSINESS FROM THE FLOOR:

There was no business from the floor.

ADJOURNMENT:

Mr. Ryan called for a motion to adjourn the meeting. Mr. Forbes made a motion to adjourn the meeting; Mr. Kozel seconded the motion.

(The meeting adjourned at 7:59 p.m.)

A TRUE COPY

____________________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY
ST. JOHN PLAN COMMISSION

08-15-2012 Plan Commission

August 15, 2012 Plan Commission Meeting Minutes

Greg Volk, President Mike Forbes Steve Kil, Town Manager
Tom Ryan, Vice-President Steve Kozel Kenn Kraus Town Engineer
Tom Redar, Secretary   Dave Austgen, Town Attorney
Steve Hastings    

CALL TO ORDER:

Mr. Volk called the St. John Plan Commission Study Session Meeting to order on August 15, 2012, at 7:04 p.m.

(The Pledge of Allegiance was recited by all.)

ROLL CALL:

Roll call was taken and the following members were present: Michael Forbes, Steve Hastings, Steve Kozel, Tom Redar, Tom Ryan, and Greg Volk. Staff present: Steve Kil and Kenn Kraus.

Absent: None.

NEW BUSINESS:

A. THE GATES OF ST. JOHN, SKILLED NURSING FACILITY – (Petitioner: Jeff Courtney)
Mr. Volk advised that the next item on the agenda is the skilled nursing facility in The Gates of St. John. The petitioner is Jeff Courtney.

Mr. Courtney with Providence Life Services stated that Mr. Ray Hemphill, Executive Vice President of Project Development for Providence Life Services, is with him. They are presenting a very preliminary plan and seeking input tonight.

Mr. Courtney stated that skilled nursing facilities are often barrack style with one building housing a number of units of semi-private and private rooms. They are proposing a small-house style of private care. There will be two single-story buildings with 10 rooms and provide long-term care; there will also be one two-story building with 15 rooms per floor and provide short-term rehabilitative care.

Mr. Kil asked what the staging of this project would be. Mr. Courtney responded that the intent is to start with the 30-unit facility and then the two 10-unit facilities.

Mr. Courtney stated that they would like to break ground in early spring of 2013 if possible.

Mr. Kil advised Mr. Courtney to discuss the architecture. Mr. Courtney responded that they haven’t really gotten into that level yet and that the renderings that they have before them are the renderings for their Homer Glen location.

Mr. Courtney stated that the building materials would be brick and CertainTeed fiber cement siding. They use as much brick as possible on the first floor elevation. Some areas will have a lower wainscoting and other areas will be brick shear wall that will be full-height brick.

Mr. Kil advised that we have a solid brick requirement, so this would require a waiver.

Mr. Kil asked that they add more brick to the one-story unit and stated that the two-story looks nice with the mixed materials. Members of the Plan Commission concurred.

Discussion ensued regarding similar facilities in other communities.

Mr. Courtney commented that a skilled nursing facility is a “if you build it, they will come” type of facility.

Mr. Volk stated that he wants to make sure that this will be in the right price range so that it doesn’t falter. Mr. Hemphill responded that this is a duplication of what they are doing in Homer Glen, and 30 of the original 50 units will be Medicare certified, which and driven by short-term needs for people after they come out of a hospital; it will be a transitional-care facility.

Mr. Hemphill stated that they expect to have a comparable price point to other care facilities in the area and that they expect the demand for this to be fairly high.

Mr. Volk asked if they are asking whether the Plan Commission would be willing to give their blessing on not being 100% brick as that will affect the cost. Mr. Courtney responded that he is more interested in finding out if the Plan Commission would support the concept in order to start engineering.

Mr. Volk stated that he does like what he is seeing.

Mr. Forbes stated that he likes it much more now that they have all the property because he was concerned that the one corner might end up being a fast food restaurant, which could cause traffic that would be detrimental to their operation.

Mr. Kozel stated that it is more like a community and that he likes it.

Mr. Hastings stated that there is a definite need here for this, and he is very interested in the project.

Mr. Hemphill asked if the lot they just added was rolled into the zoning. Mr. Kil checked the zoning and stated that the lot is zoned R-2, not R-3, and needs to be rezoned.

Mr. Hemphill asked if there would be any problems with that. Mr. Kil responded that he doesn't believe there would be.

Mr. Forbes asked if it needs to be replatted to make it all one lot. Mr. Kil responded that they can run the zoning and the platting at the same time; they just can’t get a building permit until it is zoned correctly.

Mr. Volk asked how many acres the property is now. Mr. Hemphill responded that it is approximately 15 acres with the extra lot added in.

Mr. Volk asked if the setback off of US 231 is ample with the heavy traffic. Mr. Courtney stated that they will have an outdoor element with patios. Mr. Kil advised that they will be plenty far off the road.

Mr. Courtney showed the overall landscape plan that they used for Homer Glen and stated that they would do something similar in St. John.

Mr. Kraus asked what they are proposing for parking. Mr. Courtney stated that for a campus similar to this, they have a total of 50 beds and because of the level of care, they only have to provide 32 parking spaces. He stated that the residents really aren’t driving; the parking is typically staffing and visitors.

Mr. Kraus stated that he would rather not see large expanses of asphalt and would rather it be broken up.

The board was in agreement that they are comfortable moving forward with this project; the board also agreed that they would like to see a buffer of some sort separating this property from the neighboring properties.

Mr. Forbes asked Mr. Kraus if they will need detention for this property. Mr. Kraus responded that he would have to look at the plans for The Gates of St. John.

Mr. Kil advised that there is a large detention pond that is supposed to be there that hasn’t been completed yet. Mr. Redar commented that the big pond is where all the drainage is supposed to go.

Mr. Courtney pointed out a couple of detention areas that are there and stated that all the detention would be contained to the site and then let out.

Mr. Kraus stated that he would like to see an intermediate detention basin with a step system, which helps with flood routing because the storm sewers aren’t built to carry 100-year storms.

B. McDONALD’S-EENIGENBURG – Development Review – (Petitioner: Waterford Engineering)
Mr. Kil advised that McDonald’s and Eenigenburg are ready to come back in and that he has received all of the engineering for the projects.

Mr. Kil stated that Lot 4 is where Eenigenburg is currently located; that building will be razed and McDonalds will build there. Mr. Eenigenburg would like to build on Lot 1 facing US 41. Mr. Kil stated that the materials for the building would be brick and stone.

Mr. Kil advised that McDonald’s and Eenigenburg are requesting to have Public Hearing in October and are requesting a special meeting at the September 19 Study Session to authorize that Public Hearing.

The Plan Commission had no issues with what was presented.

General discussion ensued.

OLD BUSINESS:

None was had.

ADJOURNMENT:

Having no further business before the board, Mr. Volk adjourned the meeting at 8:07 p.m.

Respectfully Submitted:

Margaret R. Abernathy, Recording Secretary
Transcription of Minutes Only
St. John Plan Commission

09-05-2012 Plan Commission

September 5, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Steve Kil
Tom Ryan Steve Kozel Kenn Kraus
Tom Redar   Attorney Tim Kuiper
Steve Kozel    

CALL TO ORDER:

Mr. Greg Volk called the St. John Plan Commission’s regular meeting to order on the 5th day of September 5, 2012, at 7:00 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Ryan, Tom Redar, Michael Forbes, Steve Kozel and Steve Hastings. Staff members present: Steve Kil and Kenn Kraus. The Board’s attorney was absent. Recording secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES: AUGUST 1, 2012

Mr. Volk stated he would entertain a motion on the minutes of August 1, 2012. Mr. Kozel made a motion to approve the minutes of August 1, 2012 meeting, as circulated. Mr. Forbes seconded the motion. The motion was unanimously carried by voice vote (6/0).

NEW BUSINESS:

A. MCDONALDS – EENIGENBURG – AUTHORIZE PUBLIC HEARING ON OCTOBER 13, 2012 AND REVIEW DEVELOPMENT
Mr. Eenigenburg was not present. Mr. Kil updated the Board on the McDonalds/Eenigenburg development. He stated that he spoke with a representative of Waterford Engineering earlier on this date. Waterford Engineering represents McDonalds Corporation. Mr. Kil stated that Waterford Engineering is in the process of preparing a site plan for McDonalds. He stated that he informed the Waterford representative that he should be prepared to submit ten copies of the McDonalds site plan by the 13th of September for the Board’s review prior to the September 19, 2012, study session.

Mr. Kil stated that Mr. Eenigenburg’s site plan would also be ready for review at the September 19, 2012, study session. Mr. Kraus added that Torrenga Engineering was working on the Eenigenburg plan.

Mr. Kil reminded the Board that he had supplied them with a copy of Eenigenburg’s plat at the last meeting. Mr. Kil stated that the idea is to move the project along in an attempt to receive a final approval by November. He stated that Mr. Eenigenburg must secure a building permit to erect his new building prior to McDonalds tearing down Eenigenburg’s old building.

Mr. Kil stated that his understanding is that McDonalds wants to commence construction in the spring, approximately March. He stated that McDonalds project will be completed in 90 to 100 days.

Mr. Kil asked if the Board had any questions on the Eenigenburg plat. He stated that the plat is the same one that Mr. Eenigenburg has submitted to the Board for the past year to year and a half.

Mr. Kil informed the Board that the frontage road would be relocated to the back of the buildings. He stated that the right of way in the front and the easement that runs through the McDonalds site will be vacated. Mr. Kil stated that certain requirements must be met before the Town vacates an easement and McDonalds is working on this issue at the present time. Mr. Kil stated once the plat is approved all the new easement and right of way will be dedicated.

Mr. Kraus stated that there are three things that need to be dealt with at present, the McDonalds plan, the Eenigenburg plat and the Eenigenburg site plan. Mr. Kil stated that he went through the requirements of the US 41 Overlay District with the McDonalds representative today. He stated that due to the nature of the site, not all of the landscaping requirements are going to be met. Mr. Kil stated that he recommended that the representative adhere as close to the US 41 Overlay requirements and then submit a list of waivers to the Board.

(General discussion ensued.)

Mr. Kil stated that he has seen the basic site plan for McDonalds. He stated that there would be an entry off of Earl Drive in the back. He stated there would be no cuts onto 97th Lane or US 41. He stated these cuts would have to work for the McDonalds drive-thru.

Mr. Kil stated he would rather see the drive-thru on the rear of the building. He stated that locating the drive-thru and reader board at the front of the building would detract from McDonalds appearance. Mr. Kil stated that he would rather grant a waiver to alter the building line a bit than see the drive-thru at the front of the building.

(General discussion ensued.)

Mr. Forbes remarked that the Board faced a similar situation with Dunkin Donuts, and it worked out well there. Mr. Volk asked about the size of the McDonalds. Mr. Kil stated that McDonalds will not too large, but it will be McDonalds newest, most recent design.

The direction of the front of building and the drive-thru lane location was discussed. Mr. Volk stated that he liked the idea of the drive-thru in the back of the building. Mr. Volk asked about the number of parking stalls. Mr. Kil stated he did not have a number on the parking stalls at the present time. Mr. Kil stated that there are a couple ways to calculate the parking, one, based on net floor area or two, the seating.

Mr. Forbes asked if all of the drainage/detention issues had been resolved. Mr. Kil stated that the detention will be directed to the rear of the buildings to a basin near the railroad tracks. He stated that this basin would be enlarged.

Mr. Forbes stated that the developer would have to make certain that there is nothing inside the drainage easement that is going to be vacated. Mr. Kil stated that if there is something in the easement it will have to be removed and relocated. He stated it would be relocated in the McDonalds green space.

Mr. Volk asked if the right of way on Route 41 would have a deceleration lane to pull onto 97th. Mr. Kil stated he was not sure what would be done with the deceleration lane. He stated this is an issue for the Board to address at the study session.

(General discussion ensued.)

Mr. Redar if any consideration had been given to foot traffic from the west side of US 41 to the east side. Mr. Kil stated that he discussed the matter of a pedestrian walk button with an INDOT representative. He stated that the INDOT representative discouraged the pedestrian walk button as it would create havoc with the timing of the traffic signal.

(General discussion ensued.)

Mr. Kil informed the Board that he told McDonalds that the Board does not like pork chops for ingress/egress.

Mr. Forbes made a motion to authorize a public hearing on October 3, 2012, for McDonalds and Eenigenburg. Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (6/0).

* * * * *

Mr. Volk stated he would like to finish reviewing the draft lighting ordinance. He stated he would like to have the final draft done by the end of the year or early next year. Mr. Volk asked the Board to gather their notes and bring them to the next meeting.

OLD BUSINESS:

There was no Old Business.

BUSINESS FROM THE FLOOR:

There was no business from the floor.

ADJOURNMENT:

Mr. Volk called the meeting adjourned.

(The meeting adjourned at 7:40 p.m.)

A TRUE COPY

_____________________________________
SUSAN E. WRIGHT, RECORDING SECRETARY
ST. JOHN PLAN COMMISSION

09-19-2012 Plan Commission

September 19, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Attorney Tim Kuiper
Mike Ryan Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Forbes    

CALL TO ORDER:

Mr. Greg Volk called the study session of September 19, 2012, to order at 7:00 p.m.

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Redar, Mike Forbes, Steve Hastings and Steve Kozel. Tom Ryan was absent. Staff members present: Kenn Kraus and Town Manager, Steve Kil. The Board’s attorney was absent.

NEW BUSINESS:

A. MCDONALDS/EENIGENBURG – CONTINUED REVIEW OF SITE PLAN
Mr. Volk noted that the McDonalds and Eenigenburg were not present. Mr. Kil updated the Board. He stated that he and Attorney Austgen participated in a teleconference with the attorney representing McDonalds and the attorney representing Mr. Eenigenburg. Mr. Kil stated that the attorneys informed him that Petitioners are not completely prepared to make a presentation to the Board this evening.

Mr. Kil stated that the attorneys will prepare a timetable on the project and submit it to him by next Wednesday. Mr. Kil stated when he receives this information he will present it to the Board so as to determine exactly when Petitioners will be ready to proceed.

Mr. Kraus informed the Board that he has received a copy of the plat from Torrenga Engineering and the site plan for Lots 1 and 2. He stated he has been exchanging information with Gary Torrenga. He stated he has not received anything from McDonalds to date.

(General discussion ensued.)

OLD BUSINESS:

A. CONTINUED REVIEW OF LIGHTING ORDINANCE

Mr. Volk indicated that the lighting ordinance review had been placed on hold for quite some time. Mr. Kraus commented this was the first time he has discussed the lighting ordinance at a Board meeting and he’s been on the job for nine months. Mr. Volk asked Mr. Kil to provide Mr. Kraus with all of the information that he would need to be brought up to speed on the matter.

Mr. Volk stated that the Board had taken a field trip in St. John, Dyer and Schererville in the past to look at the lighting on businesses in those communities. He stated that the Board did like some of the building lighting that they saw in Dyer.

Mr. Volk indicated that the Board is using the Homer Glen lighting ordinance as a guide. He stated the Homer Glen ordinance is comprehensive and easy to understand. Mr. Kraus asked if the McDonalds is using the Dark Skies lighting.

(General discussion ensued.)

Mr. Volk remarked that the lighting at the McDonalds, the Speedway on the north side of Route 30 and the Texas Roadhouse are all in compliance with the Dyer’s lighting ordinances, and these were the buildings with lighting that the Board approved of. Mr. Forbes stated that the Board would like to eliminate any glare from the lighting.

(General discussion ensued.)

(Mr. Kil exits room)

Mr. Volk stated that the Board would start on Chapter 4, Page 6. He stated they are starting to get into technicalities of actual lighting.

(Mr. Kil re-enters meeting.)

Full Cut-off Requirement for Commercial/Industrial Lighting Zones. Mr. Kil stated that this paragraph required full cut-off on the lighting, and no other issues.

Mr. Volk moved on to Street Lighting. Mr. Kil informed the Board that the Town has two design standards for street lighting (using 100 watt lights) aluminum spun pole and a decorative standard. He stated a developer is allowed to use either type poles. Mr. Volk stated that the Board would like to see high pressure sodium lighting used. He stated he has noticed a couple of lights in Town being replaced with metal halide bulbs.

Mr. Kil stated that for the Town to go out and change all of their bulbs to high pressure sodium lighting would require that the ballast be replaced to accommodate the high pressure sodium bulbs. Mr. Kil stated it would be cost prohibitive to change all of the bulbs at once. He stated the lights could be changed going forward. Mr. Kil stated that when the ordinance is passed NIPSCO would be provided with the updated copy.

Mr. Kil stated that relative to the decorative poles and/or aluminum spun poles a note should be added (see Town design standard).

(General discussion ensued.)

Mr. Redar stated that pictures were taken of all of the different lighting styles found in Town. He asked if there would have to be an inventory of the different styles of lights. Mr. Kil stated that if a light is put up that the Town has to maintain the Town would require that it adhere to the Town’s design standards, aluminum spun pole or decorative. Mr. Kil stated whether a light is privately owned or publicly owned it should adhere to the Town’s design standards. Mr. Redar stated he wanted to make the Board aware of the plethora of styles of the light poles in Town.

(General discussion ensued.)

Mr. Redar remarked in one spot in Town there are two different decorative light poles being used; he stated they look very similar but are not the same. Mr. Forbes stated that he understood what Mr. Redar was trying to explain and he concurred. He stated that the Board would have to review the Town’s standards and amend the language there as well. Mr. Kil remarked that the Board could update the design standard. Mr. Forbes stated that the lighting ordinance would reference back to the design standards, which would have to be updated.

The Board had no further comment on the street lighting. Mr. Volk moved on to

Installed Height. Mr. Volk stated that the maximum heights are listed. Lighting poles in residential areas are 20’ maximum and commercial/industrial lighting pole heights are set at 25’ maximum. Mr. Kil stated this section was acceptable with him. The Board set the standard height for lighting poles for playing fields at a 25’ maximum.

(General discussion ensued.)

Mr. Volk stated that he believed that the light poles for playing fields was under special exception. Mr. Forbes referred the Board to Page 314. Mr. Forbes stated that a standard has been set and anybody who wants to deviate from the light pole height standard would have to come before the Board for consideration on a case by case basis. Mr. Volk concurred; he stated this rule applied to both playing fields and automobile lots.

Mr. Volk moved on to Number Five, Prohibited Outdoor Lighting. He noted that flickering, flashing lighting and laser lights were prohibited. He stated this would fall under the sign ordinance. Mr. Forbes noted that the language was consistent with the Town’s sign ordinance language and he had no problem with this.

(General discussion ensued.)

Flag lighting was discussed. Mr. Forbes noted that the lighting for a flag would be angled lighting.

The Board discussed Number Eight, Outdoor Display Lights and eliminated it altogether.

Mr. Hastings stated he would like to revisit Number Two. He stated that he has seen signs scroll, rotate and flicker. Mr. Kil stated that the Town’s sign ordinance addresses these issues. He stated digital signs are prohibited by the Town’s ordinance, but anybody can request a variance. He stated that the Petitioner must appear before the Board of Zoning Appeals who sets the limits on the usage of the digital signs.

Mr. Volk moved on to Number Six, Outdoor Lighting Exempt. The Board changed the language from “village” to “town or state.” The same language was changed in Number 5.

(General discussion ensued.)

Mr. Volk moved on to Number Seven, Procedural Requirements, Plan Submissions for Subdivisions and Land Development Applications.

Mr. Redar stated he would like to revisit Number Six. He stated that the high school has temporary lighting at the present time. Mr. Kil stated that they are allowed to use the lighting per the ordinance from 6:00 a.m. to 10:00 p.m., which coincides with the noise ordinance.

Mr. Volk returned to Number 7. The Board made no changes on Section 7.1. Section 7.2, Post Approval, Alternations. The Board made no changes on Section 7.2.

Mr. Kil recommended that language should be added “can only be approved as a waiver from the Plan Commission.” 7.3, Right of Inspection. Mr. Kil stated that the first sentence should be struck. Mr. Forbes stated that the Plan Commission granting a waiver for the full cut off requirement would be defeating. This language was struck. Mr. Volk concurred. Mr. Kil recommended “administrative request” be changed to “waiver request.”

Mr. Volk moved on to Section Eight, Definitions. Mr. Kil remarked that he had made himself a note to remind him to replace Administrative Variance definition with the Waiver Request definition. Mr. Kil stated that the other definitions are acceptable. Mr. Forbes stated that the Town’s attorney would ensure the accuracy of the definitions when he does his review. Mr. Volk stated that the definition language could be handled by the Town’s attorney.

(General discussion ensued.)

The Board finished their work on the lighting ordinance.

Mr. Kil stated he would have the ordinance retyped to the Board’s specifications. Mr. Volk stated the Board would then review the ordinance before it was sent to their attorney for the first draft. Mr. Volk stated he would like to have the draft ordinance for the November study session.

OPEN THE FLOOR FOR PUBLIC COMMENT:

There was no public comment.

ADJOURNMENT:

Mr. Volk adjourned the meeting.

(The meeting was adjourned at 8:00 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

10-03-2012 Plan Commission

October 3, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Attorney Tim Kuiper
Mike Ryan Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Forbes    

CALL TO ORDER:

Mr. Tom Ryan chaired the Plan Commission’s regular meeting of October 3, 2012; he called the same to order at 7:00 p.m.

(The Pledge of Allegiance was said.)

ROLL CALL:

Roll call was taken with the following Commissioners present: Tom Ryan, Tom Redar, Mike Forbes, Steve Hastings and Steve Kozel. Greg Volk was absent. Staff members present: Kenn Kraus and Town Manager, Steve Kil. The Board’s attorney was absent.

APPROVAL OF MINUTES: SEPTEMBER 5, 2012

Mr. Ryan stated he would entertain a motion on the minutes. Mr. Kozel made a motion to approve the minutes of the September 5, 2012, meeting as circulated; Mr. Forbes seconded the motion. Mr. Ryan requested a roll call vote. Mr. Kozel – aye. Mr. Forbes – aye. Mr. Redar – aye. Mr. Hastings – aye. Mr. Ryan – aye. The motion was unanimously carried by roll call vote (5/0).

NEW BUSINESS:

A. BISAGA WOODS – A TWO LOT SUBDIVISION – FINAL PLAT APPROVAL
Mr. Rich Bisaga appeared before the Board seeking final plat approval on Bisaga Woods, a two lot subdivision. Mr. Forbes noted that not much has changed on the plan since the last time it was before the Board. Mr. Bisaga concurred. Mr. Forbes asked Mr. Kraus to update the Board on his engineering review.

Mr. Kraus stated he had submitted a letter on this issue in the past week. He stated that he had three comments, one, the plat dated September 5, 2012, was satisfactory for this two lot subdivision, two, there will be no public improvements associated with this site, and three, the developmental fee is $6,000.00, $1,500.00 for each lot for sewers, and $1,500.00 for each lot for water. Mr. Forbes asked if the developmental fee had been paid. Mr. Bisaga stated that he was not aware that this fee had to be paid at this time.

Mr. Kil pointed out that the developmental fee for the two lot subdivision is $900.00. He directed Mr. Bisaga to pay the $900.00 developmental fee. Mr. Kil stated that at the time Petitioner pulls a building permit he will be assessed a sewer and water fee. Mr. Kil pointed out that Petitioner would not be assessed a water fee because he will have a private well. Mr. Kil stated that in the event that Petitioner sells Lot 2, whoever purchases this lot will be assessed a water and sewer fee.

(General discussion ensued.)

Mr. Kil stated that in the event Lot 2 is purchased the owner would be required to put in a sidewalk. Mr. Kil stated that a sidewalk on Lot 1 would have to be waived because it would be cost prohibitive to place a sidewalk across the ditch.

Mr. Forbes made a motion to grant final plat approval for Bisaga Woods, a two lot subdivision, waiving the sidewalk on Lot 1, and incorporating the finding of facts by reference and with the contingency that Mr. Bisaga submit the $900 developmental fee before the mylars are signed. Mr. Kozel seconded the motion.

Mr. Ryan requested a roll call vote. Mr. Kozel – aye. Mr. Forbes – aye. Mr. Redar – aye. Mr. Hastings – aye. Mr. Ryan – aye. The motion was unanimously carried by roll call vote (5/0).

OLD BUSINESS:

There was no Old Business.

OPEN THE FLOOR FOR PUBLIC COMMENT:

Mr. Ryan called for public comment.

JOHN STORK, HUNTER’S RUN AREA

Mr. Stork asked the Board for information on the location and time line for the proposed McDonalds. Mr. Forbes explained that it will be located by the Eenigenburg Water building will be torn down and replaced by the McDonalds. He stated by Sophie’s Bar will be torn down and the new Eenigenburg water will be built there.

Mr. Kil stated he could not give a date on the construction, but he thought it would be pretty quick.

Mr. Stork stated that the Town looks good.

(General discussion ensued.)

Mr. Ryan stated that some spots on White Oak were not patched, specifically where the high tension wires cross White Oak. He asked about the speed bumps. Mr. Kil stated Walsh & Kelly will be in Town and they will make the needed repairs to the speed bumps. Mr. Kil stated he would look into the White Oak issue.

Mr. Ryan called for further public comment. There was no further public comment.

ADJOURNMENT:

Mr. Forbes made a motion to adjourn the meeting; Mr. Redar seconded the motion. The motion was unanimously carried by voice vote (5/0)

(The meeting was adjourned at 7:20 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

10-17-2012 Plan Commission Meeting Canceled
11-07-2012 Plan Commission Meeting Canceled
11-21-2012 Plan Commission Meeting Canceled
12-05-2012 Plan Commission

December 5, 2012 Plan Commission Meeting Minutes

Greg Volk Steve Hastings Attorney Tim Kuiper
Mike Ryan Steve Kozel Kenn Kraus
Tom Redar   Steve Kil
Mike Forbes    

CALL TO ORDER:

Mr. Greg Volk called to order the regular meeting of the St. John Plan Commission for December 5, 2012, at 7:05 p.m.

ROLL CALL:

Roll call was taken with the following Commissioners present: Greg Volk, Tom Redar, Mike Forbes, Steve Hastings and Steve Kozel. Tom Ryan was absent. Staff members present: Kenn Kraus and Town Manager, Steve Kil. Attorney Tim Kuiper was present.

APPROVAL OF MINUTES: OCTOBER 3, 2012

Mr. Volk stated he would entertain a motion for the approval of the Plan Commission minutes of October 3, 2012, with any additions, deletions or corrections. Mr. Forbes made a motion to approve the minutes of October 3, 2012, as circulated. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (5/0).

NEW BUSINESS:

A. COMMUNITY BAPTIST CHURCH – 8651 WEST 93RD AVENUE REQUEST DUMPSTER EXEMPTION
Mr. Rick Miller, a representative of Community Baptist Church appeared before the Board seeking an exemption for a dumpster enclosure for the church located at 8651 West 93rd Avenue. Mr. Miller stated that the church had received the Town’s letter regarding a dumpster enclosure. He submitted pictures of the dumpster area for the Board’s review.

Mr. Miller stated that the church was seeking an exemption from the dumpster enclosure for two reasons. The first reason, he explained, is because the dumpster is “ridiculously far away from the road.” Mr. Miller stated that the second reason for the request for an exemption is because enclosing the dumpster and having it match the building would be a “complete eyesore to put a wall up with a cage around it.”

Mr. Miller stated that a pad was just poured for the dumpster due to the garbage man destroying the pavement and to make it easier for the garbage man to get to the dumpster.

Mr. Miller stated that the dumpster is 400 feet off of the road. He informed the Board that if one drives past the church at the posted speed limit of 30 miles per hour, with no cars in the parking lot, you only glimpse the dumpster for less than four seconds. He stated with cars in the parking lot, which is usually four to five days a week, the dumpster can’t be seen at all.

Mr. Miller stated that the church is looking for an exemption because he feels that the dumpster enclosure would be an eyesore. He stated that a dumpster enclosure would make it more difficult for the garbage man too. He also reiterated that the dumpster is over 400 feet off of the road and not very visible.

Mr. Volk stated he is familiar with the church because he lives on Mallard. Mr. Miller stated they tried to place the concrete pad out of view of any of the houses.

(General discussion ensued.)

Mr. Volk commented that the ordinance is not only for aesthetics but for containment of overflowing garbage. Mr. Volk noted that the professional building next to Welch’s Stop & Shop has erected a PVC fence with two gates; he stated that this PVC fence looks very nice. Mr. Kozel asked about the view from the back of the houses. Mr. Miller stated that the building extends 24’ beyond the dumpster.

(General discussion ensued.)

Mr. Forbes stated that aesthetics and containment are equally important. He stated that he did not think it would be too great of a burden to erect a PVC fence. Mr. Miller stated from reading the ordinance, he was not aware that the church had the option of erecting a PVC fence for the dumpster enclosure. Mr. Kil indicated that a white or tan PVC fencing enclosure would be appropriate.

Mr. Volk stated that he believes that the church should comply and put up a fence for the dumpster enclosure. Mr. Miller asked how the fence would be anchored into the ground.

(General discussion ensued.)

Mr. Forbes made a motion to grant a waiver on material requirements for Community Baptist Church, 8561 West 93rd Avenue, to allow for a PVC enclosure to be constructed around the dumpster, at a minimum of six feet high, in tan or white color. Mr. Kozel seconded the motion. The motion was unanimously carried by voice vote (4/0).

OLD BUSINESS:

A. FINALIZATION OF LIGHTING ORDINANCE
Mr. Volk requested that Mr. Kil explain the process for finalization of the lighting ordinance. Mr. Kil explained to the Board that the lighting ordinance that they have spent the last several months painstakingly reviewing had been sent to Attorney Kuiper who has drawn up a draft copy of the ordinance for their review.

Mr. Kil stated that Attorney Kuiper took all of the suggestions and comments submitted by the Board and constructed an ordinance and tailored it to meet the Board’s specifications and the Town’s zoning ordinance.

Attorney Kuiper stated that he took out ten or twelve definitions that were not used in the rest of the text of the ordinance and were just surplus. He stated that he changed some words to comply with Indiana state law. He stated he has added everything that the Board wanted in the ordinance in a way that it would work.

Mr. Volk stated that he would like to review Attorney Kuiper’s draft ordinance and compare it to their notes. He wanted to ensure that it was complete.

The Board reviewed the proposed ordinance in its entirety. Mr. Volk started at “Section 2.1,” which was eliminated. He stated that “Section 4 of 2.2” they considered deleting.

Mr. Forbes asked about Section C1, Gross Emissions of Light.” He asked Attorney Kuiper why the ordinance was addressing outdoor athletic fields in commercial and industrial. Mr. Forbes noted that Section C, C1, Chapter 14, Page 2, contained an exemption for outdoor lighting in athletic fields in the commercial/industrial. He asked Attorney Kuiper why an athletic field would be included in the commercial/industrial zone.

(General discussion ensued.)

Section C4, Light Trespass was discussed. Mr. Kil stated that the word “recreational” should be eliminated.

The lighting table was discussed. Playing field lighting was discussed. Automobile dealership lighting was discussed. Lighting levels were discussed.

The Board discussed the definitions for lighting. The definition of “nit” was discussed. C2A was discussed. Mr. Redar pointed out a discrepancy under “Flag Lighting.” The wording was to be changed in this paragraph.

G3, Page 6, was discussed. Property used for Governmental and Public Purposes was reviewed. The start and end time for games and lighting was discussed. Central Standard Time (local time) would be observed.

The Board finished their review of the document. The Board directed Attorney Kuiper to make the noted corrections. The proposed ordinance was tentatively set for public hearing on February 6, 2013.

OPEN THE FLOOR FOR PUBLIC COMMENT:

There was no public comment.

ADJOURNMENT:

Mr. Volk adjourned the meeting.

(The meeting was adjourned at 8:26 p.m.)

A TRUE COPY

_____________________________________
Susan E. Wright, Recording Secretary
St. John Plan Commission

12-19-2012 Plan Commission Meeting Canceled
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